The man’s plea warranted expeditious hearing considering that he had no means for sustenance of his younger brother, who was mentally challenged
Five months after the Delhi High Court criticised a trial court for not giving “expeditious hearing” to a man’s petition seeking permission to sell off the property of his mentally challenged brother, the District and Sessions Judge (headquarters), Talwant Singh, has asked all trial courts in Delhi to decide all pleas regarding mentally challenged persons within 90 days.
“Pursuant to the directions of the Delhi High Court… and in terms of Section 77 of the 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,” Judge Singh said.
The High Court had passed the order on the man’s plea challenging the trial court’s April 28, 2015, order, which had dismissed his petition on the ground of lack of territorial jurisdiction as well as on merits.
It had said that the man’s plea warranted expeditious hearing considering that he had no means for sustenance of his younger brother, who was mentally challenged, but the record showed that the trial court had proceeded with the matter as a regular trial and the proceedings remained pending from January 2013 to April 2015.
