Delhi High Court - Orders
Hayat Yar Khan vs Naved Yar Khan on 18 May, 2022
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1103/2019 & CM APPL. 53955/2019
HAYAT YAR KHAN ..... Petitioner
Through: Mr. Srivats Kaushal, Advocate
versus
NAVED YAR KHAN ..... Respondent
Through: Mr. Akash Chatterjjee, Mr. Somdev
Tiwari, Advocates
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 18.05.2022
1. The instant contempt petition has been filed for the alleged non- compliance of the orders dated 30.10.2019 and 19.11.2019, passed by this Court in CM (M) NO. 1552/2019 and REVIEW PET. 476/2019 respectively.
2. The Respondent herein had filed a petition being CM (M) 1552/2019 in this Court challenging the Order dated 30.09.2019 passed by the State Commissioner for Persons with Disabilities which had directed to produce Ms. Rubina Sultan, who is suffering from Cerebral Palsy for being examined by a competent medical authority to ascertain the extent of her disability.
3. The relevant portion of the order dated 30.09.2019 passed by the State Commissioner for Persons with Disabilities has been reproduced in the order dated 30.10.2019, passed by this Court in CM (M) NO. 1552/2019, which Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 1103/2019 Page 1 of 3 Signing Date:20.05.2022 15:47:18 reads as under:-
"13. In the light of the above, respondent is once again directed to produce Ms. Rubina Sultan before the competent certifying authority in the hospital having the jurisdiction and apply for issuance of disability certificate to her within one month from the date of receipt of this order and intimate the complainant the proposed date, place and time where he would produce Ms. Rubina Sultan for assessment and certification of disability so that the complainant or his representative can also be present in the concerned hospital as requested by him. After Ms. Rubina Sultan is assessed for disability and a decision is taken by the concerned certifying authority to issue the certificate of disability to her or otherwise, the respondent shall intimate this Court and the complainant within a week thereafter. If the complainant does not receive any intimation by 15.11.2019, he may approach the State Commissioner for Persons with Disabilities, Uttar Pradesh, Rajkiya Drishtibadhit Chhatron ka Chhatrawas, Basic Siksha Nideshalaya Campus, Nishatganj, Lucknow, Uttar Pradesh, Email:[email protected] with the request to direct the respondent to have Ms. Rubina Sultan examined by the Medical Authority in Ghaziabad for issuance of disability certificate as the respondent has also raised the issue of jurisdiction on the ground that she is residing at Ghaziabad.
14. The complainant may also approach the concerned Special Court designated under Section 84 of the Act for trial of offences under the Act."
4. CM (M) NO. 1552/2019 was rejected by this Court on 30.10.2019 and the Petitioner herein was directed to comply with the order dated 30.09.2019 passed by the State Commissioner for Persons with Disabilities. It is stated that the Order dated 30.10.2019 passed by this Court in CM(M) 1552/2019 Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 1103/2019 Page 2 of 3 Signing Date:20.05.2022 15:47:18 was sought to be reviewed by filing a Review Petition, being Review Petition No.476/2019 and the same was dismissed by order dated 20.11.2019.
5. Order dated 20.11.2019 in the review petition and the order dated 30.10.2019 in the CM(M) 1552/2019 were challenged by filing a Special Leave Petition before the Apex Court and the said SLP has been rejected. The Respondent has not complied with the Order dated 30.10.2019 and thereby has prima facie disobeyed the orders of the Court.
6. Confronted with this, learned counsel for the Respondent states that the order dated 30.10.2019 upholding the order dated 30.09.2019 passed by the State Commissioner for Persons with Disabilities shall be complied within a period of four weeks from today and compliance affidavit along with certificate of the concerned medical authority/hospital be filed before the next date of hearing.
7. List on 08.07.2022, for compliance.
SUBRAMONIUM PRASAD, J MAY 18, 2022 hsk Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 1103/2019 Page 3 of 3 Signing Date:20.05.2022 15:47:18