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A bench headed by Chief Justice Manmohan pulled up the health secretary for initiating the process of appointment in terms of the state government rules which were yet to be notified, saying the official could not predict when they would come into force after due approvals.
“Problem is that your health secretary is not falling in line.. He can’t move in anticipation of the rules coming into force. I am told he is a doctor. How is he doing in this manner?.. This man must fall in line. Either he knows the law or he doesn’t know the law. If he knows the law, he has to follow the extant law. Where does it say that in anticipation of the rules coming into force in 2026, I will bring about this?” the bench, also comprising Justice Tushar Rao Gedela, orally remarked.
“You will make it in accordance with the extant rules today. Central government rules are prevalent today. Make it in accordance with the Central government rules,” the bench told the Delhi government’s counsel.
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The counsel appearing on instructions of the health minister accused the health secretary of “doing his own thing”, alleging that he was not following the existing procedure and advice in making the appointments.
The court, which was hearing two petitions for enforcement of provisions of the mental health law, including the constitution of the State Mental Health Authority, observed that there was a “slug fight” between the secretary and the minister.
The counsel for the petitioner said in the absence of the state rules, the central rules have to be followed.
He had earlier said that the authorities had erroneously sought to nominate 14 members in the ex-officio category when the existing rules provided for nomination of only seven ex-officio members by the Delhi government.
Petitioner Amit Sahni, an advocate, has said in his petition that the object of the Mental Health Act is to provide mental healthcare and services to persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of care and services.
He has sought a direction to the Delhi government to constitute the State Mental Health Authority and District Mental Health Review Boards.
Petitioner Shreyus Sukhija also sought constitution of the authority as per the mandate of the law.
Sahni, in his plea, has asserted that Section 73 of the Act mandates that a State Mental Health Authority shall by notification constitute mental health review boards for a district or a group of districts under the new Act.
The matter would be heard next on December 12.