‘Can’t dilute issue or protect wrongdoers’: Bombay HC orders probe into 2012 New Year’s Eve ‘party’ at Mankhurd children’s home
Ordering the Commissioner for Persons With Disabilities to initiate an inquiry, the Bombay HC directed that its findings be sent to the Maharashtra government which shall take action in three months.
The court ordered the Commissioner for Persons With Disabilities to initiate an inquiry into the alleged incident within six weeks and forward the findings to the Maharashtra government (Express Photo) Observing that the authorities cannot protect wrongdoers or keep an issue pending for a decade, the Bombay High Court on Monday ordered a probe into an alleged party hosted on New Year’s Eve in 2012 at a home for mentally deficient children (MDC) in suburban Mumbai’s Mankhurd, consisting of 265 inmates.
The court ordered the Commissioner for Persons With Disabilities to initiate an inquiry into the alleged incident within six weeks and forward the findings to the Maharashtra government which shall take appropriate action against the errant people within three months.
The bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne disposed of a Public Interest Litigation (PIL) filed in 2014 by activist Sangeeta Punekar, which had highlighted the “shocking state of affairs”, citing news reports of an alleged party hosted by donors at the MDC homes. According to a news report, champagne was popped, cash was showered on bar dancers, and alcohol was served at the party on December 31, 2012.
The institution is run by the Children’s Aid Society, a 100 per cent aided NGO. The petitioner claimed that complaints were lodged by the MDC home authorities regarding the New Year’s Eve party and a probe was conducted by a panel comprising the Child Welfare Committee (CWC) chairman, Divisional Deputy Commissioner-Konkan, and an officer of the Women and Child Development Department. However, despite the inquiry, no action was taken against the concerned persons, the petitioner argued.
After the lawyer representing the respondent authorities sought time to take instructions from officials and further respond to the plea, Chief Justice Aradhe orally remarked, “The petition cannot be kept pending for 10 years. Effect of the incident cannot be diluted and you cannot be protecting wrong doers. What action have you taken in 11 years? You do not know. It has to be taken.”
When the lawyer responded that the respondents will find out, the bench stated, “We are allowing the petition. It took 11 years? You should be ashamed of your officers. And now you have the guts to say that will find out? So that we should continue the matter for another 25 years? Do you know the effect of keeping the petition pending?”
It noted in the order, “We are surprised to note that despite the inquiry being conducted in the alleged incident, till today no action has been taken against the delinquents. The counsel for the respondent was unable to point out that any action was taken against the delinquent. No useful purpose will be served by keeping the petition pending.”
The bench ordered a probe followed by “suitable action” by the state government and seeking its compliance report, disposed of the PIL.
In April, while hearing a batch of pleas including that of Punekar, the high court had questioned the state government as to why all 94 MDC homes in Maharashtra were not operational. The court has, meanwhile, kept pending other pleas on the issue to be heard in due course.
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