In the Instant Case of Toshiyas v. Union of India Toshiyas, a registered society that works to protect the rights and interests of people with disabilities, filed a writ petition asking for the issuance of a writ like mandamus, ordering the respondents to take appropriate action in order to comply with the order dated 25-10-2019 issued by the Court of Chief Commissioner for Persons with Disabilities. The secretary of the petitioning society, who was present before this Court together with other Society members, served as its representative. The Secretary asserted that the issue had been unresolved since 2022 and that the respondent had not cooperated in its efficient resolution. The petitioners claimed that they had trouble getting their complaints heard and resolved because they had not been effectively represented.
Conclusion of Court
Justice Chandra Dhari Singh of the Delhi High Court’s Single Judge Bench asked the aid of the Additional Solicitor General to defend the respondents due to the respondents’ slowness and lack of cooperation.
The respondents received criticism from the Court for failing to comply with the 2019 ruling notwithstanding their absence for six months. The court observed that there were no rebuttal affidavits submitted on behalf of the respondents or directions sought, indicating a careless and callous attitude. The court expressed its regret at the fact that individuals with disabilities were being forced to travel great distances in order to have their rights implemented. The court reasoned that although the government created welfare programs for society and its people, it was up to the people to seek out and carry out their implementation in order to profit from them.
Due to the sensitivity and lack of cooperation from the respondents, the Court asked the Additional Solicitor General of the Delhi High Court to represent the respondents in the matter. ASG and the Court both requested assistance from Senior Panel Counsel Ruchir Mishra. The initial petitioners’ counsel Saurabh Kansal was let go for being unable to defend the petitioners. In order to present the petitioners’ case, Lavanya Kaushik was asked. For further review, the matter will be listed on 10/8/2023.
CASE NAME – Toshiyas v. Union of India, W.P. (C) 15647 of 2022