While restoring case, Madhya Pradesh High Court asks lawyer for community service

The Madhya Pradesh High Court recently asked a lawyer to perform community service by spending an hour with old-aged persons at a care facility and sponsoring food items worth Rs 2,500. Calling the matter a “test case” for its “social audit” idea, the court said such visits could help vulnerable people feel society had not forgotten them and bring greater scrutiny to institutions caring for them.

The matter related to restoration of a person’s appeal. Its dismissal was stated to be neither deliberate nor intentional but due to circumstances beyond the control of the applicant and the arguing counsel. Finding it a “genuine and bona fide” reason, the High Court allowed the plea.

Instead of imposing costs,  Justices Anand Pathak and B P Sharma on September 15 said, “Graceful enough in his disposition, the suggestion is readily accepted by counsel for the applicant, and he undertakes that the applicant would not only visit the old age home but would also carry some food items of Rs.2,500/- with them and spend one hour with them to understand them and to satisfy themselves while doing such a pious work.”

However, while allowing the plea for restoration, the High Court suggested that the applicant’s counsel visit a government higher secondary school in Jabalpur. The suggestion was to carry food items, snacks or fruits worth Rs 2,500 and spend an hour with the children.

The court clarified that the suggestion was “not punitive in nature” and that compliance was at the discretion of the counsel. The counsel nevertheless accepted the suggestion and undertook to visit the institution, carry the food items and spend an hour there to understand the circumstances of those living there. The bench expressed the hope that the visit would take place within 15 days. It also said a government advocate or another advocate could accompany the counsel.

The bench was hearing an application seeking restoration of a case, dismissed for want of prosecution on April 1.

Calling it a “test case” to give the concept of ‘social audit’, the order stated, “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 a sense of well-being amongst them.”

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This community service of one hour, the court said, would not only be satisfying to the soul but would also give a message to the differently abled children that society and its members care for them and that they are not considered as the “children of the lesser God”.

It said such visits would allow people to come to know about the plight of inmates and contribute towards raising their standards of living and creating a sense of well-being among them. The court added that inmates should feel that they were not left out by society and that society remained eager to take them into its fold.

Need for greater scrutiny

The bench also pointed to the possible benefit of greater social scrutiny of such institutions. It observed that managements of institutions may sometimes “misbehave or cause mischief” to inmates, particularly children and women. The court said greater public attention could make those managing such institutions more cautious because they would know that society was keeping an eye on their functioning.

The court said the evolution of ‘social audit’ and its effective implementation was “the need of the hour”. It called upon policymakers, particularly the Department of Women and Child Welfare Development, Department of Social Justice and Police Department, to come out with a “tangible solution” in this regard.

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The court directed the counsel to visit the school within 15 days and submit a report detailing his experience and the status of the mercy home, along with suggestions, if any, in the litigation. The restoration of the writ appeal was made subject to compliance with the direction and submission of the report and affidavit.

The court also directed that a copy of the order be sent to the Chief Secretary, Principal Secretary of the Women and Child Development Department and Secretary of the Juvenile Justice Committee of the Madhya Pradesh High Court for information and consideration. The application was accordingly disposed of, with the writ appeal directed to be restored subject to compliance with the court’s direction.