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Synopsis

The Delhi High Court recently appointed Senior Advocate N. Hariharan as amicus curiae to assist in deciding the manner in which a special court can be constituted to try offences under the Rights of Persons with Disabilities Act, 2016 while ensuring a speedy and fair trial for the differently abled.

A Bench of Justice Swarana Kanta Sharma appointed Hariharan as amicus to assist the court on following points:

1. How can a Special Court be constituted as per Section 84 to try offences under the Rights of Persons with Disabilities Act, 2016 (‘Act’) ;
2. How can speedy and fair trials for differently-abled persons be ensured; and
3. How can the judicial system be improved for the benefit of the differently abled persons in the Courts?

The single-judge bench was hearing a plea by Rakesh Kumar Kalra, a hearing-impaired person. He appeared in person, in the present case.

“A copy of this order along with a complete set of the paper books be delivered to Mr. N.Hariharan, Senior Advocate forthwith”, the court ordered. Accordingly, the court listed the matter for further hearing on February 21.

The “Special Courts” for Persons with Disabilities Act is explained in Chapter XIII of the Rights of Persons with Disabilities Act, 2016. 

Section 84- Special Court of the Act states that in order to provide a speedy trial, the state government shall, by notification, specify for each district a court of session to be a special court to try the offences under this Act, with the concurrence of the Chief Justice of the High Court.

Section 85- Special Public Prosecutor, allows the State government to appoint a public prosecutor for each special court or to appoint an advocate who has been in practice as an advocate for at least 7 years as a 'special public prosecutor' for the purpose of conducting cases in that special court.

Case Title: Rakesh Kumar Kalra Deaf Divayang v. State Govt of NCT Delhi

Statue: The Rights of Persons with Disabilities Act, 2016