Sikkim High Court
PIL 05 of 2022 on 24 March 2022
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IA No. 05/2022Arising out of WP (PIL) No.09/2018
SLOMITA RAI
STATE OF SIKKIM & ORS.
VERSUS
PETITIONER (S)
RESPONDENT (S)
For Petitioner : Petitioner-in-person.
For Respondents No. : Mr. Sudesh Joshi, Addl. Advocate General. 1 to 3, 6 to 8 & Mr. Yadev Sharma, Govt. Advocate. 10 to 12 Mr. Hissey Gyaltsen, Asst. Govt. Advocate. Mr. Sujan Sunwar, Asst. Govt. Advocate. 1 to 3, 6 to 8 & Mr. Yadev Sharma, Govt. Advocate. 10 to 12 Mr. Hissey Gyaltsen, Asst. Govt. Advocate. Mr. Sujan Sunwar, Asst. Govt. Advocate. For Respondents No. 4, 5 & 9 : None. 4, 5 & 9 : None.
Date: 24/03/2022
CORAM:
HON’BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
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JUDGMENT: (per the Hon’ble, the Chief Justice)
On 22[nd] March, 2022, the instant interlocutory application, being I.A. No. 05 of 2022, was taken up for consideration, when we passed an order inter alia directing the concerned State respondents to instruct the learned Additional Advocate General adequately and properly so that on the next date we are apprised of the steps taken by the concerned State respondents pursuant to the judgment and order dated 6[th] March, 2019, passed in WP (PIL) No. 09 of 2018 ( Slomita Rai Vs State of Sikkim and Ors. ).
Today, when the matter is taken up for consideration, we notice that a status report has been filed on behalf of the State respondents wherefrom it appears that the State Government has taken some steps pursuant to the judgment and order dated 6[th] March, 2019, passed in WP (PIL) No. 09 of 2018. Although provisions of sections 32 and 34 of the Rights of Persons with Disabilities Act, 2016, have been stated to be complied with, there is still a lot of jk/ds/ami work that is required to be done in order to give proper effect to the judgment and order dated 6[th] March, 2019, passed in WP (PIL) No. 09 of 2018.
In such circumstances, we request the learned Additional Advocate General to take up the matter with the concerned officers of the State respondents in order to ensure that all the directions as contained in the order dated 6[th] March, 2019, are effectively complied with, as expeditiously as possible, so that rights of persons with disabilities are not compromised in any manner upon taking into account the objects and reasons for bringing into force, the said Act of 2016.
With the above observations/directions, I.A. No. 05 of 2022 stands disposed of.
(Meenakshi Madan Rai) Judge
(Biswanath Somadder) Chief Justice