Delhi High Court Warns Health Secretary Over Delays in Setting Up State Mental Health Authority
New Delhi: The Delhi High Court on Monday scolded the health secretary, warning him to "fall in line" and face consequences if he does not make the necessary appointments for the state mental health authority by the end of this week. A bench of Chief Justice Manmohan and Justice Tushar Rao Gedela told the secretary to prioritize setting up the authority, which is a crucial part of providing mental healthcare services to patients in Delhi.
The court's warnings came after it emerged that there was a delay in making appointments due to the officer's willingness to wait until Delhi-specific rules come into effect. The bench expressed concerns over the officer's behavior, saying, "He can't move in anticipation of the rules coming into force... Either he knows the law or he doesn't. If he knows the law, he has to follow the extant law."
The court directed the government to make appointments in accordance with Central government rules that exist at present. During the hearing, lawyers representing the health minister and secretary engaged in a heated debate over the issue.
The health minister's counselor alleged that the secretary was not following established procedures and advice when making appointments, leading to a "slug fight" between the two officials. The court clarified that this is not its role, stating, "Do they both work for Delhi or not? We had to take up the administration of hospitals; it is not our job."
The High Court is hearing two petitions related to the enforcement of provisions of the mental health law, including the constitution of the state mental health authority. Petitioner Amit Sahni sought a direction to establish the authority and district mental health review boards. Another petitioner, Shreyus Sukhija, also requested the establishment of the authority as per the law's mandate.
The court has given the government a week to appoint members for the state mental health authority and ensure its operationalization. A high-level stakeholder has been advised to make the necessary steps to avoid any future delays or disputes.