(Dipak Misra, R.K. Agrawal and Prafulla C. Pant, JJ.)
Pankaj Sinha ____________________________________ Petitioner
v.
Union of India and Ors. _________________________ Respondent(s)
(With appln.(s) for exempton from filing O.T. and impleadment as party respondent, directions and office report)
Writ Petition(s)(Civil) No(s). 767/2014, decided on April 23, 2015
The Order of the court was delivered by
Order
1. Though the petitioner has made numerous prayers in the application for directions filed by him, as advised at present, we are inclined to deal with three prayers, i.e., prayer (A), (B) and (E). They read as follows :
“A) For an order direction the respondents to produce before this Hon’ble Court the Mid Term NLEP evaluation report 2014-15.
B) For an order directing the respondents to produce before this Hon’ble Court the NSS survey (National Sample Survey) data and the report which has been submitted to Government in 2010-11.
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E) For an order directing the respondent to appoint dedicated and full time District Leprosy Officers and Full Time and Dedicated Staff in the Leprosy departments in the districts all across the country.”
2. It is submitted by Mr. Maninder Singh, learned Additional Solicitor General appearing for Union of India, that as far as prayers (A) and (B) are concerned, he will produce the data and the report as prayed for and also file a reply supported by an affidavit in that regard. As far as prayer (E) is concerned, we would like Mr. Maninder Singh, learned Additional Solicitor General to obtain instructions whether the concerned Ministry, i.e., Ministry of Health and Family Welfare, Government of India, has any team which is exclusively meant to look after the leprosy homes or leprosy colonies and eventually the patients suffering from leprosy. We would like the affidavit to contain what kind of treatment is administered when the initial symptoms get manifested. In essence, whether there is any machinery to that effect. We have so directed as there is no dispute that the leprosy is totally curable in 21st century. We accept the submission of Mr. Kamlesh Kumar Mishra, learned counsel for the petitioner, that the Union of India and all the State Governments have a duty to see that this century old stigmatic disease is eradicated. We also accept his submission that it can be done with a concerted effort by the Union of India and the States.
3. Mr. Ranjit Rao, learned AAG for the State of U.P., has submitted that in the State of U.P. there is a rehabilitation programme of the leprosy patients and throughout the State, the patients are administered medicines and some of them have been cured. Be it noted, the Director Genearal of Medical and Health, Government of U.P. has filed an affidavit in that regard. At this juncture, it is necessary to state that the affidavit reflects that there are 72 leprosy centres and in the 72 centres, approximately 5,000 persons, including the leprosy patients and their dependents, are residing. The said aspect is required to be verified and accordingly we constitute a Committee consisting of Mr. Ashok Gupta, learned senior counsel, Supreme Court of India, Mr. Om Subhash Tripathi, M-1, Govindpur, Allahabad and Mr. Chander Shekhar Singh, 58/14, Lal Bhadur Shastri Marg, Civil Lines, Allahabad.
4. The Committee shall initially visit the leprosy homes at Lucknow, Banaras and Agra. The Committee shall submit a report within eight weeks hence. The State Government shall pay the fees of the members of the Committee which is conceded to by Mr. Ranjit Rao, learned AAG. This concession is given in presence of Mr. Vijay Bahadur Singh, learned Advocate General for the State of U.P. We are not determining the quantum of fees. We hope that the State will fix the quantum, regard being had to the experience of the members of the Committee at the Bar. The visits of the Committee shall be coordinate by Mr. Rao after holding discussions with Mr. Ashok Gupta, learned senior counsel.
5. Learned counsel for the Insurance Regulatory Development Authority shall file the affidavit within three weeks hence. Reply, if any, be filed within two weeks therefrom.
6. All the States who have not filed their affidavits shall file the same within six weeks from today.
7. Let the matter be listed on 21.07.2015.
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