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Synopsis

The Delhi High Court, on November 12, reprimanded the Municipal Corporation of Delhi (MCD) as well as the Additional Chief Secretary (Finance) Ashish Chandra Verma over delays in implementing the court order dated August 12. The court had directed the Department of Social Welfare to purchase the MCD’s Nursing College & Hostel at a price to be determined by the MCD.

The bench of Chief Justice Manmohan and Justice Tushar Rao Gedela remarked, “More human lives cannot be lost due to the negligence of officers”. 

Advocate Abhigyan Siddhant, representing the petitioners, also sought directives for respondent no. 4, the Central Bureau of Investigation (CBI), to undertake an inquiry and investigation. Additionally, the petitioner called for a social audit of all Shelter Homes in Delhi to reveal the true social impact and living conditions.

Advocate Siddhant noted that various news outlets on television and online reported the tragic deaths of children at Asha Kiran Shelter Home, managed by respondent no. 2 (Department of Social Welfare, Government of NCT of Delhi), over a span of 20 days.

The government, however, provided a tabular summary outlining the reasons for the 14 deaths in July 2024. He stated that all the deceased were in the severe and profound categories of intellectual disability, with 13 out of 14 children passing away after being admitted to BSA Hospital for treatment. Per the report submitted, it was revealed that most of the deceased had suffered from tuberculosis.

The Delhi Jal Board was instructed to inspect and test the water quality, as well as the condition of the water and sewer pipelines, and to submit a report before the subsequent hearing date.

The Secretary of the Department of Social Welfare, Government of NCT of Delhi, was also directed to visit the Asha Kiran Complex the following day and submit a report to the Court before the next hearing. The Secretary was mandated to ensure that essential facilities, including clean bedding, proper sanitary conditions, appropriate clothing, potable water, and nutritious food, were provided to the residents of Asha Kiran Complex.

The Delhi Government was further directed to take immediate measures to reduce overcrowding at Asha Kiran by relocating some residents to other shelter homes or suitable institutions.

In the recent hearing, the court observed that prior orders issued regarding the transfer of MCD’s Nursing College & Hostel to the Social Welfare Department had not been adhered to. Expressing frustration, the court questioned the measures that could be taken to ensure compliance, suggesting whether the Finance Secretary should be summoned for a stern reminder.

Emphasizing the gravity of the situation, the court highlighted the loss of 14 lives and called for the presence of officials from the Finance Ministry and the Chief Secretary through video conferencing. The court pointed out that despite its directive on August 12th, meaningful progress had not been made over the subsequent two months.

In response, the government’s advocate informed the court that a meeting had been convened, and a proposal had been sent to the finance department. However, it was returned with queries. The court remarked that the Finance Secretary should have initiated communication with MCD to resolve the matter, questioning why such a basic step had not been taken.

“I think the urgency of the matter was not clarified to you. 14 people have lost their lives. I hope you understand and that There Is Some Value To Human Life…​​ if you are aware, the least you could have done is to summon the MCD officer, who had prepared the estimate and sought clarification”, the court added. 

The Additional Chief Secretary (Finance) explained that typically proposals were submitted after an initial cost assessment by the concerned department. He mentioned that the MCD had replied to recent communications and assured the court that the matter would be addressed promptly.

Expressing dissatisfaction, the court reiterated the importance of recognizing the urgency of the issue, reminding the officials that the lives of 14 individuals had already been lost due to delays. The court underscored the expectation that human life should hold significant value.

Although the Additional Chief Secretary acknowledged the concerns and pledged expedited action, the court reproached the department for not summoning the MCD officer responsible for preparing the estimates to discuss the next steps. 

The court highlighted, “If The Subordinates Are Committing A Mistake, You Are Supposed To Exercise Your Supervisory Power”. 

Advocate Siddhant pointed out that only 100 individuals had been relocated despite clear orders, attributing the sluggish pace to bureaucratic inefficiencies within the departments. He emphasized that the facility in question, with a capacity of 450, currently housed nearly 900 individuals, causing severe congestion.

In the previous court hearing, the NGO claimed that the children were physically assaulted before their deaths. However, the court cautioned the NGO against making such allegations without supporting affidavit to substantiate these claims. 

Case Title:  Samadhan Abhiyan v Government (W.P.(C) 10790/2024)