Deaths in Asha Kiran shelter home: HC pulls up Delhi government over non-compliance of order

PTI, Nov 12, 2024, 6:50 PM IST

New Delhi: The Delhi High Court pulled up the city government on Tuesday for not complying with its order to shift the inmates of the Asha Kiran shelter home for the intellectually disabled, where 14 deaths took place, to a new building.

The court said human lives cannot be allowed to be lost due to the negligence of officials and directed the secretary of the Delhi government’s Department of Social Welfare to be personally present before it on December 2.

The inmates are required to be shifted to another place to decongest the overburdened Asha Kiran home.

In August, the Asha Kiran home had 928 inmates against a capacity of 570.

The court expressed dissatisfaction over officers making commitments and then not complying with judicial orders.

A bench of Chief Justice Manmohan and Justice Tushar Rao Gedela noted that the secretary of the Department of Social Welfare had made a statement before the court on August 12 that the Delhi government had agreed to purchase the MCD’s Nursing College and Hostel at Narela at a price to be determined by the civic body.

However, nothing has been done so far and it was submitted by the additional chief secretary (finance) that upon the consideration of the proposal prepared by the Municipal Corporation of Delhi (MCD), the finance department has sought certain clarifications.

The court was told that the MCD commissioner has offered to hand over the nursing college and hostel building at a price of Rs 31.07 crore but the finance department has raised queries over the determination of the cost.

“Your secretary (of the social welfare department) came to the court and made a statement that the building will be purchased at a price to be determined by the MCD. But nothing happened in these last few months. We are at the same place where it started on August 12,” the bench said.

“We are just at a loss of words. We really do not know what you people are doing. This is not some football being played over here. We are dealing with human lives. Fourteen people lost their lives this July,” it added.

After reading the city government’s status report, the court said it was of the prima facie opinion that the directions given in the August 12 order were not complied with.

The court said it was not understood as to why the finance department could not summon the official concerned from the MCD and seek a clarification in the last three months.

It said 14 people were killed but the sense of urgency was not impressed upon the officials concerned.

The court was then assured by the additional chief secretary (finance) that the MCD’s proposal, which has been revised now, would be processed expeditiously.

Fourteen inmates, including a child, died at the shelter home in July.

Since February, 25 inmates have died at the centre, which is housing more than 900 “intellectually-disabled” people, including men, women and children, according to official data.

The court was hearing a public interest litigation (PIL) plea moved by Samadhan Abhiyan, an NGO, seeking the constitution of an independent committee headed by a retired high court judge to probe the incident.

The court had earlier asked the social welfare department secretary to act with alacrity in taking urgent steps for recruiting staff, including doctors, for the Asha Kiran shelter home.