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2025 DAILYLAW 26592 (HP)

COURT ON ITS OWN MOTION v. THE STATE OF HP AND OTHERS

CWPIL/100/2024 · 2025-09-19

Gurmeet Singh Sandhawalia, Ranjan Sharma

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:32822 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPIL No.100 of 2024 Decided on: 19.09.2025. __________________________________________________________ Court on its own motion. ...Petitioner Versus State of HP & Ors. ...Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the petitioner: Mr. Shubham Sood, Advocate, as Legal Aid Counsel. For the respondents: Mr. Pranay Pratap Singh, Additional Advocate General, for respondents No.1 to 6-State. Mr. Jyotirmay Bhatt, Advocate, for respondent No.7. G.S. Sandhawalia, Chief Justice [Oral] An affidavit has been filed by counsel for the State in pursuance of order dated 12.08.2025. 2. The present Public Interest Litigation was initiated on account of a communication received against respondent No.7-Rebahilitation Centre. 3. Mr. Shubham Sood, Advocate was appointed as Legal Aid Counsel. Various orders were passed from time to time. Eventually, an order dated 25.07.2025 was 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:32822 - 2 - also issued by the Chief Executive Officer, H.P. State Mental Health Authority-cum-Sr. Medical Superintendent HHMH & R, Shimla, whereby the provisional registration granted was cancelled in terms of Section 68(5) of the Mental Healthcare Act, 2017. 4. It is not disputed that the said order is subject matter of FAO No.206 of 2025. It is also pertinent to notice that Rehabilitation Centre had approached the Apex Court against the order dated 01.08.2025 in FAO No.206 of 2025, whereby stay had not been granted. The Apex Court had passed the following order on 11.08.2025: “ After hearing learned counsel for the petitioner and on perusal of the material on record, it is directed that till 25.08.2025, i.e., the next date fixed by the High Court in FAO No.206 of 2025, no action for vacation of the inmates be taken against the petitioner. With the aforesaid the special leave petition stands disposed of, without notice to the other side. However, the petitioner is at liberty to ask for further stay before the High Court. Pending applications, if any, shall stand disposed of.” 5. Thereafter, on 26.08.2025, the learned Single Judge granted interim protection directing that no action 2025:HHC:32822 - 3 - for vacation of the inmates be taken against the applicant/appellant. 6. Keeping in view the above, since the State is now already looking into the issues for the running of Rehabilitation Centre of respondent No.7, we do not find any useful purpose would be served in continuing with the present Public Interest Litigation. The said respondent can agitate for its legal redressal in the appeal already filed by it. 7. Accordingly, the present PIL stands closed. Pending miscellaneous application(s), if any, shall stand disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge September 19, 2025 [Shivender/Bhardwaj]