Delhi High Court - Orders
Rakesh Kumar Kalra Deaf Divayang vs State Govt Of Nct Delhi on 4 July, 2025
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2500/2022
RAKESH KUMAR KALRA DEAF DIVAYANG .....Petitioner
Through: Petitioner in person alongwith
counsel (appeared through VC,
appearance not given)
versus
STATE GOVT OF NCT DELHI .....Respondent
Through: Ms. Rupali Bandhopadhya, ASC for
the State with Mr. Abhijeet Kumar,
Advocate and SI Sunil Kumar Sahu,
P.S. Begumpur
Mr. Shahank Dixit, CGSC with Mr.
Kunal Raj, Advocate
Mr. Ajay Verma and Ms. Bhoomika
Uppal, Advocates for DSLSA
Ms. Nisha Priya Bhatia and Mr.
Rakesh Kumar Yadav, Advocates for
applicant/wife of petitioner in Crl.
M.A. 35129/2024
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 04.07.2025 CRL.M.A. 11131/2025 (Corrections of order dated 17.01.2025 and 29.01.2025)
1. By way of the present application, the applicant seeks modification of the orders passed by this Court on 17.01.2025 and 29.01.2025 in Crl. M.A. No. 35129/2024 of the above-captioned writ petition.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 22:17:01
2. On 29.01.2025, this Court had passed the following order:
"7. This Court is of the view that in the meantime, a report has also been received from the General Manager of the Punjab National Bank where the petitioner/accused is employed. The said report was called on the last date of hearing vide following order:
"5. It is unclear, as to how the petitioner is attending his duties regularly, in case he is unable to hear and speak properly.
6. The concerned IO is directed to file a report before this Court, clearly specifying as to whether the petitioner is able to perform his duties in the concerned Bank or not, and to also file his salary statement, before the next date of hearing."
8. It is reported that the petitioner/accused is working as Manager in the said bank and is able to conduct his day to day proceedings in the bank as Manager. The specific details are mentioned as below:-
"2. The petitioner works in Punjab National Bank, North Delhi Circle office, Third Floor, Vikrant Tower, Rajender Palace, New Delhi at the seat of Dak/Dispatch facility. He has also vision problem that's why he sits on a lowered chair so that surface of the table comes near to his eyesight enabling him to read or write anything. When he works on computer/mobile, he needs to place screen of the computer very near to his eyes enabling him to work on computer. When he needs to interact/communicate with his colleagues/senior in the office, he does so by writing.
3. The petitioner draws monthly emoluments for the month of November 2024 Rs.2,29,730.86/- (Two lakh twenty nice thousand seven hundred thirty rupees and eighty six paise) and after deductions net salary Rs.95,188.44/- (Ninety five thousand one hundred eighty eight rupees and forty four paise)"
9. It is, therefore, clear that the petitioner/accused herein is able to understand the proceedings, is able to hear and is able to see with little help by ensuring that the screen of the computer whereon he works is kept nearer to him.
10. This Court, therefore, observes that the petitioner herein has misguided the Court by stating that he is unable to hear, see or speak properly and therefore cannot understand the Trial Court This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 22:17:01 proceedings, though during this entire period he has been working as a Manager in said Bank, which is a position of responsibility, is earning an amount of more than Rs. 2 lakhs per month.
11. Insofar as the compliance with directions/guidelines of this Court is concerned, it is to be noted that procurement of gadgets, development of infrastructures etc. will take some time as is mentioned in the compliance report. All the stakeholders are working jointly to ensure that the directions issued by this Court will be complied with. The process has to go through the concerned department of Government of NCT of Delhi as well as by the Delhi High Court.
12. Considering the same, it is ordered that the petitioner herein will be provided with necessary assistance, as deemed appropriate, to ensure that he is able to hear and is able to see the screen on which the evidence is typed during trial. The petitioner shall also be provided with a legal aid counsel, if he so desires. The aid of any other person as deemed appropriate may also be taken by the learned Trial Court in case, he is unable to see or hear anything in the Court.
13. This Court at this stage is prima facie of the view that if accused is able to work as a General Manager continuously in the Punjab National Bank and is drawing a salary of Rs.2,29,730/- per month and his own staff/officers have not found him unfit to work in his office, since he understands, is able to hear and is able to see and conduct his day to day work in the capacity of a Manager, he will be able to understand the proceedings of the Court as well. If he does not want to be assisted by a counsel, it is his discretion and decision, and the same cannot be a ground for stay of the proceedings any further.
14. The stay of the proceedings before the learned Trial Court is accordingly vacated."
3. The petitioner, who is present in person, submits that the order in question was passed solely on the basis of the information provided by his employer to the effect that he was capable of hearing and discharging his day-to-day responsibilities. He contends that this does not reflect his actual condition and prays for the constitution of a Medical Board, as he is unable This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 22:17:01 to hear, speak, or see properly. The petitioner states that he is suffering from bilateral sensor neural hearing loss amounting to 100% hearing disability, and that he is incapable of understanding any ongoing proceedings. He further submits that he suffers from diminished vision, with visual acuity of 6/60, and is unable to see like a person with normal eyesight--his vision being functional only at close range. He also claims to have a jaw injury, as a result of which he is unable to speak clearly. The petitioner thus submits that the mere ability to perform certain tasks in the workplace cannot be equated with the ability to comprehend and effectively participate in court proceedings.
4. This Court has heard arguments addressed on behalf of counsels for both the parties including the wife of petitioner in CRL.M.A. 35129/2024, who states that in case the proceedings are stayed, the rights of the wife who is also disabled and has filed a complaint under Section 498A of IPC, will be affected. The learned counsel for the respondent no. 2 wife is permitted to appear in this case and assist the learned ASC for the State as there is merit in her submission that staying the proceedings will affect the rights of respondent no. 2.
5. In view of the submissions made by both parties, and in the interest of justice, this Court directs the constitution of a Medical Board at AIIMS Hospital, New Delhi, comprising appropriate specialists. The Board shall assess and submit a report on the following:
(i) The extent and nature of the petitioner's hearing disability;
(ii) The extent and nature of his speech-related disability, if any;
(iii) The extent and nature of his visual impairment; and
(iv) Whether, in view of the above disabilities, the petitioner is This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 22:17:01 capable of performing daily activities and effectively participating in and understanding the trial proceedings, with or without the help of a person specialized and trained to assist him during the trial court proceedings.
6. The information received from his employer, filed before this Court by way of the report dated 10.12.2024 by learned ASC for the State, be sent alongwith this order to inform the Board, the present employment and nature of duties, he is performing in his office.
7. The petitioner shall appear before the aforesaid Medical Board, AIIMS on 07.07.2025 i.e. Monday at 12:00 Noon.
8. The report shall be placed before this Court on 14.07.2025.
9. The Registry will also ensure that the order is communicated to the Superintendent, AIIMS, Delhi.
10. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J JULY 04, 2025/ns Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 22:17:01