JUDGMENT : 1. These writ petitions relate to the ill functioning of the Ranchi Mansik Arogyashala in Bihar, Gwalior Mental Asylum in Madhya Pradesh and AGra Mental Asylum in Uttar Pradesh. We have perused the reports of the Union Health Secretary relating to the Mental Asylum in Bihar and Madhya Pradesh. The report in respect of the Mental Asylum at Agra in Uttar Pradesh is still awaited. The Union Health Secretary is requested to submit his report relating to the Agra Mental Asylum in Uttar Pradesh, within four weeks. 2. We have perused the reports of the Union Health Secretary relating to the Mental Asylum in Bihar and Madhya Pradesh. These reports indicate a shocking state of affairs in the management of these Asylums in spite of the orders made by this Court from time to time for improving their functioning. We also find that the State of Bihar has as yet not appointed any permanent incumbent to the office of the Director of the Ranchi institution and the position at Gwalior in Madhya Pradesh is also similar. At the hearing today, no one, not even any counsel, appears for the State of Madhya Pradesh. This is so in spite of the assurances given on behalf of the State of Madhya Pradesh, on earlier dates for prompt action after the order dated 10th May, 1994 reported in Supreme Court Legal Aid Committee v. State of Madhya Pradesh, 1996 (5) SCC 27, requiring compliance by the authorities of the Government of Madhya Pradesh. In such a situation, we are left with no option except to direct personal appearance in court at the next hearing of the Chief Secretary to the Government of Madhya Pradesh or the concerned Secretary in his place who is assigned this particular task. It is for the Chief Secretary of the State Madhya Pradesh to ensure the presence of the concerned Secretary if there is any such Secretary designated for the purpose. Otherwise, the Chief Secretary shall himself remain present personally in the Court on the next date of hearing. Shri Murlidhar, learned counsel for the petitioner submits that a copy of the Union Health Secretary's report relating to the Gwalior Mental Asylum dated 12th August, 1996 will be given by him to the standing counsel for the State of Madhya Pradesh for being handed over to the Chief Secretary of the State of Madhya Pradesh.
Shri Murlidhar, learned counsel for the petitioner submits that a copy of the Union Health Secretary's report relating to the Gwalior Mental Asylum dated 12th August, 1996 will be given by him to the standing counsel for the State of Madhya Pradesh for being handed over to the Chief Secretary of the State of Madhya Pradesh. The Registry to supply copies of the reports dated 2.3.1995 and 12.8.1995 and 12.8.1996 to all the three learned counsel appearing for the petitioners. 3. In-view of the inaction and indifference shown by the concerned State Governments, in doing the needful in this behalf, we deem fit to consider the suggestion of learned counsel for the petitioners that some eminent person with sufficient social commitment be involved in the management of these institutions achieve the desired improvement in the functioning thereof. Learned counsel ma suggest any such names on the next date, fa consideration. 4. List on 4th November, 1996. Order dated November 4, 1996 5. Mr. L.N. Meena, Principal Secretary (Medical Education) of the Government of Madhya Pradesh is present. We have perused S the affidavit filed on behalf of the State of M.P Y We are not satisfied with the alleged compliance mentioned therein. Shri Muri lidhar undertakes to study all the relevant papers and to indicate the precise areas in which specific directions are required to be given for compliance by the Government of Madhya Pradesh. 6. Learned counsel for the Government of Bihar says that he is still awaiting the instructions from the Govt. and is, therefore, unable to give any further information about the compliance required to be made by the Govt of Bihar. To say the least, this kind of response in proceedings of this nature shows a degree of insensitivity by the concerned officials which is distressing. The position with regard to the Govt. of U.P. also is not satisfactory in respect of the Agra Mental Asylum. It is, therefore, appropriate that the Health Secretaries of all the three State Governments are directed to remain present in person on the next date of hearing with full particulars to answer the querries relating to the compliance required to be made by each of these Governments.
of U.P. also is not satisfactory in respect of the Agra Mental Asylum. It is, therefore, appropriate that the Health Secretaries of all the three State Governments are directed to remain present in person on the next date of hearing with full particulars to answer the querries relating to the compliance required to be made by each of these Governments. Affidavits be filed by each of them within three weeks giving full details of actions taken by their Governments which are required to be taken in compliance of the earlier directions of this Court. 7. List on 9th December, 1996.