The District Judge (Headquarters) has directed trial courts here to decide cases of mentally challenged people within three months.
District Judge (Headquarters) Talwant Singh issued the direction on a Delhi High Court order in February this year on a petition by a man seeking permission of a lower court here to sell the property of his mentally challenged brother.
The petitioner had informed the High Court that the court below was not hearing his case expeditiously.
What the Act says
“Pursuant to the directions of Delhi High Court... and in terms of Section 77 of Mental Health Act, 1987, it is ordered that inquiry under the Mental Health Act, 1987, be completed ordinarily within 90 days and in the event of unavoidable circumstances, within six months,” the Mr. Singh said in his circular.
The petitioner’s plea warranted expeditious hearing but the record showed that trial court had proceeded with the matter as a regular trial and the proceedings remained pending from January, 2013 to April, 2015.
As per Section 59 of the Act, any person managing the property of a mentally challenged person will have to seek the permission of the district court before selling off, mortgaging or transferring or leasing out the property of such person.