Sanjay Karol, A.C.J (Oral):— On the basis of a letter petition, this Court taking suo-motu cognizance issued notice to the State and on 20.12.2017, passed the following order:—
“As per averments made in this letter petition, an old lady, namely Smt. Vidya Devi, aged 95 years, residing in Block No. 16 Set No. 6, SDA Colony Vikas Nagar, who is in a weak mental condition, is suffering from an ailment. Unfortunately, there is nobody to attend to her. Perhaps, she is to be shifted either to the hospital or an Old Age Home.
We direct the District Judge, Shimla, who is Chairman of the District Legal Service Authority to immediately visit the house of the lady by getting in touch with the officers of the Social Welfare Department. An arrangement for immediate medical treatment of the said lady be made. Also if required, an arrangement for her shifting to an Old Age Home in the State be made.
“The Registrar General of this Registry is directed to communicate the order on telephone to the District Judge, Shimla.
We also direct, the Director, Child and Women Welfare Department to do the needful. Mr. Kush Sharma, learned Deputy Advocate General undertakes to communicate the order on telephone.
Ms. Bhavna Dutta, Advocate, [Mob. No. 94180-26120 & Email. Advbhavanadatta@gmail.com], who is present in Court, is appointed as Amicus Curiae to assist the Court. Registry is directed to supply paper-book, complete in all respects, to learned Amicus Curiae. Learned Amicus Curiae undertakes to get in touch with the complainant, informing the pendency of the proceedings and also ascertain as to whether any further information for adjudication of the present lis is required to be furnished.
The learned Amicus Curiae states that she shall also visit the house of the lady during the course of the day. List on 21st December, 2017.”
2. On 21.12.2017, we were informed that the lady namely Smt. Vidya Devi, had already expired and as such, we passed following orders on 21.12.2017:—
”Pursuant to our order dated 20.12.2017, learned Amicus Curiae visited the spot and also recorded the statement of letter petitioner Mr. Mahinder Pal. Also, the District Judge, who is the Chairman of District Legal Services Authority, Shimla, visited the spot and has submitted his report.
2. Unfortunately, Smt. Vidya Devi, in relation to whom, the letter petitioner had sought intervention of this Court, expired yesterday at 10.30 am. The matter was reported to the police and consequential action taken, in accordance with law.
3. Mr. Kush Sharma, learned Deputy Advocate General, under instructions from Mr. Satya Pal Singh, Law Officer, Directorate of SC, ST and Minority Affairs, states that at present, dead body of Smt. Vidya Devi has been kept in the mortuary of IGMC, Hospital, Shimla. SHO, Chhota Shimla, Police Station (East) has already intimated the relatives about the death. He further states that the dead body shall be handed over to the relatives for cremation. However, in the event of relatives not coming forward, the last rites i.e funeral, shall be got performed in accordance with law.
4. Mr. Mahinder Pal, letter petitioner, who is also present in the Court, confirms about the action taken by the police. List on 4.1.2018”
3. Mr. Varun Chandel, learned Additional Advocate General, states that police has handed over the dead body to the grand-daughter of the deceased, who in turn, has performed her last rites.
4. In view of the same, we see no reason to keep alive the present petition and as such, the same is closed. Before parting, we wish to place on record appreciation qua the efforts put in by Ms. Bhavana Datta, learned Amicus Curiae, who on the instructions of this Court, contacted letter petitioner and obtained necessary feedback.
5. Copy dasti.