Court: Delhi High Court
Bench: Justice Swarana Kanta Sharma
Case No.: W.P.(CRL) 2500 / 2022
Case Title: RAKESH KUMAR KALRA DEAF DIVAYANG Vs. STATE GOVT OF NCT DELHI
Dates of Hearings with Orders : 31 Jan 2023 [PDF 508KB] | 21 Feb 2023 [PDF 168KB] | 20 Mar 2023 (renotified) | 07 Jul 2023 |
Brief:
Despite an order by the Court of State Commissioner for Persons with Disabilities (presided by the then SCPD Shri TD Dhariyal) issued in a Suo Motu case No. 988/1141/2019/06/ 3652-3657 Dated: 22 July 2019 and further Notification dated 19 Aug 2019 isued by Department of Law, Justice & Legislative Affairs, Govt. of NCT of Delhi, designating Additional Sessions Judge 02 in all district courts as Special Courts in Delhi to try offences under the RPWD Act 2016 (PDF 2.9 MB), the issues seems to be lingering on still. Either the Court & the counsel is not aware of the developments or the Govt. has forgotton its own notification and hasn't yet activated the special courts.
In this case filed by Rakesh Kumar Kalra, a deaf individual, the Delhi High Court has appointed senior advocate N Hariharan as amicus curiae to assist it in deciding the manner in which a special court can be constituted to try offences under the Rights of Persons with Disabilities Act, 2016, ensuring a fair and speedy trial for persons with disabilities.
While framing issues for consideration, a single judge bench of Justice Swarana Kanta Sharma on 31 January 2023 appointed Adv Hariharan to assist the court in deciding “how can a special court be constituted as per Section 84 to try offences under Rights of Persons with Disabilities Act, 2016”. Hariharan will also be assisting on how a speedy and fair trial for the differently abled persons can be ensured and how the judicial system can be improved for the benefit of the differently abled.
Chapter XIII of the Rights of Persons with Disabilities Act deals with the special courts to try offences under the Act. Section 84 of the Act states that for the purpose of providing speedy trial, the state government shall, with the concurrence of the Chief Justice of the high court, by notification, specify for each district, a court of session to be a special court to try the offences under this Act.
Section 85 also provides for the appointment of a public prosecutor for every special court by the state government or the appointment of an advocate, who has been in practice as an advocate for not less than seven years, as a ‘special public prosecutor’ for the purpose of conducting cases in that special court. With respect to offences under the enactment, the Act states that any person who contravenes any provisions of the Act or any rule made thereunder shall for first contravention be punishable with a fine which may extend to Rs 10,000 and for any subsequent contravention with a fine, which shall not be less than Rs 50,000 but which may extend to Rs 5 lakh.
Read the order below:-
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