MP High Court Suggests Lawyer To Visit Old Age Home Instead Of Imposing Cost; Calls For Social Audit Of Such Institutions By Professionals
The Madhya Pradesh High Court restored a Writ Appeal after condoning delay in filing application.
Justice Anand Pathak, Justice Vinay Saraf, Madhya Pradesh High Court (Jabalpur Bench)
The Madhya Pradesh High Court has allowed an application for restoration of a writ appeal subject to compliance with the direction that the counsel of the appellant visits a mercy home and spends one hour time with the old people/inmates/ families there.
The High Court was considering a civil case preferred by the applicants seeking restoration of the Writ Appeal, which was dismissed for want of prosecution of an order of the co-ordinate Division Bench.
The Bench of Justice Anand Pathak and Justice Vinay Saraf held, “Appreciating the gesture shown by counsel for the applicants with the earnest hope and belief that the counsel would visit the aforesaid place within 15 days from today and spend one hour time with the old people/inmates/ families of the mercy home and bring smile on their face and satisfy their soul. It is expected that any Government Advocate or other advocate may also accompany the counsel for this purpose.”
“Another important effect of the Social Audit is that Management of those Institutions sometime misbehave or cause mischief to the inmates especially children and females living there and this way, they would always be cautious that the society is keeping eyes over their working. Therefore, evolution of concept of Social Audit and its effective implementation is the need of hour. Policy makers especially Department of Women and Child Welfare Development (DWCD), Deptt. of Social Justice and Police Department must come out with some tangible solution in this regard”, it added.
Advocate Tarun Sengar represented the applicants while Advocate Sanjay Patel represented the respondents.
Arguments
It was the case of the applicants that the dismissal of the appeal was neither deliberate nor intentional, but occurred due to circumstances beyond the control of applicants and the arguing counsel. The applicants thus contended that they ought not to be made to suffer irreparable prejudice on account of such unavoidable procedural circumstances.
Reasoning
The Bench found that the reasons assigned by applicants appeared to be genuine and bona fide. “Looking to the nature of cause and bona fide intents as well as settled law that for the fault of the counsel, the litigant should not be made to suffer”, the Bench stated while referring to the judgments in M.K. Prasad Vs. P. Arumugam (2001) and Dindayal Bansal Vs. Gwalior Nagar Tatha Gram Vikas Pradhikaran (2007).
The Bench thus allowed the application, but instead of imposing costs, a suggestion was given to the applicants to visit Maa Narmada Vriddh Ashram, Gwarighat, Jabalpur, with some food items/snacks/fruits worth Rs 1,000 and spend an hour with the inmates/ families, who are of humble background and are being taken care of by the NGO/Society sponsored by the State Government. “This community service of one hour would not only be satisfying to the soul but would also give a message to the old aged people that society and its members care for them and that they are not considered as the old people of the Lesser God.”, it held.
The Bench further highlighted that this was a test case to give the concept of 'Social Audit' a chance to gain ground. The Bench mentioned, “Responsible and Resourceful persons of the Society who are occupying important positions in the Department of Administration/ Education/ Health/ Legal and other related fields including Professionals like Chartered Accountants/ Doctors/ Lawyers etc., to take some responsibility to visit the places (like orphanage/ old age home/ mercy home/ one stop center etc.) where persons with disability/ orphans/ old age people/ victims of the crime and other destitute are institutionalized so that they can come to know about the plight of these inmates and would be able to contribute while raising their standards of living and to create sense of well-being amongst them. Inmates who are living in such institutions would also feel that they are not left out by the society and the society is still eager to take them into its fold. This way, they would come in the main stream also.”
The Bench concluded the matter by directing the counsel for the applicants to submit a report regarding his visit to Maa Narmada Vriddh Ashram, Gwarighat, Jabalpur, within 15 days, elaborating on the experience and the status of the old age home with suggestions in the litigation, which was restored by the order.
Cause Title: N.M. Dubash Stone & Lime Company Pvt. Ltd. v. Union of India (Neutral Citation: 2026:MPHC-JBP:52634)