Delhi High Court orders State to fill vacancies in Mental Health Authority

The Delhi High Court has directed the Delhi government to promptly fill remaining vacancies in the State Mental Health Authority and to thereafter set up District Mental Health Review Boards under the Mental Healthcare Act, 2017 [Amit Sahni vs Govt of NCT Delhi And Ors.]..The Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela passed the order on two petitions, including one filed by Advocate Amit Sahni, seeking the proper implementation of the 2017 Act. The petitioners had submitted that the Delhi government's failure to constitute the State Mental Health Authority and review boards under the 2017 Act was stalling the implementation of key provisions of the Act. .On December 12, the Court recorded the Delhi government’s submission that it has issued a notification last month on the ex-officio members who will be part of the Mental Health Authority. The Delhi government added that the appointment of non-official members will be done in the ensuing weeks. .The Court proceeded to close the case by directing the government to take the needful steps for filling the remaining posts as soon as possible, and to set up review boards once the authority has been constituted. “We consider it apposite to dispose of the present petitions by directing the GNCTD to take expeditious steps for filling up the posts of non-official members of the Delhi Mental Health Authority with a further direction that the said Authority, as and when constituted, would take expeditious steps for constitution of the Review Boards in accordance with Sections 73 and 74 of the Act,” the Court directed..The Court also made it clear that the upcoming Delhi Legislative Assembly polls must not come in the way of carrying out these measures. “We further direct that the process of constituting the Delhi Mental Health Authority and the Review Boards shall not be impeded by imposition of Model Code of Conduct in view of ensuing elections for the Delhi State Legislative Assembly,” it said. .The Court added the petitioners may revive the case if the Delhi government fails to complete constituting the authority or the review boards within a reasonable time. “We also grant liberty to the petitioners to revive the present petitions if the Delhi Mental Health Authority fails to comply with the aforesaid directions within the reasonable period of time,” the Court's order stated. .Advocates Ankur, Parth Sharma and Vaibhav Mishra appeared for Amit Sahni. Advocates Mihir Samson, Vaishnavi Prasad and Pradip Kumar Singh appeared for Shreyus Sukhija (petitioner).Advocates Tushar Sannu, Shivraj Singh Tomar, Avnish Ahlawat, Nitesh Kumar Singh, Laavanya Kaushik, Aliza Alam and Mohnish Sehrawat appeared for the Delhi government.Sumer Kumar Sethi and D. Sharma appeared for the Delhi Legal Services Authority..[Read order]