After Man Struggles To Reach Courtroom, Allahabad High Court Seeks Details Of Facilities Available For PwDs In HC Premises

The order was passed after a person with locomotor disability, seeking protection against threat from wife's parents, faced 'great difficulty' while entering the court precincts due to a lack of immediate assistance.

A bench Justice Ajay Bhanot and Justice Garima Prashad termed the incident "detrimental to the dignity". However, after the Court noticed his peculiar physical condition, a wheel chair along with assistance was promptly brought by the Registry for assisting him.

On the merits of the case, the bench directed that he and his wife facing familial opposition be given protection. It further termed their union as "truly an instance of love transcending all barriers".

Briefly put, the petitioner no. 1 (wife) and her husband (Petitioner No. 2) had moved the HC challenging an FIR lodged by the wife's family.

During the proceedings, the Bench noticed that Petitioner No. 2 suffered from locomotor disability, causing substantial restriction in limb movement.

The Court observed no assistance was offered to him when he entered the Court campus and that he arrived in the courtroom with significant struggle.

"The whole process of reaching the Court room was detrimental to the dignity of the person of the petitioner No. 2," the Bench noted.

It was further noted by the Bench that while the High Court does possess facilities for persons with disabilities but there was a lack of communication with the competent authority which resulted in the delay. However, wheelchair was eventually provided by the Registry to him.

Thus, to prevent such lapses in the future, the Court has now ordered the Registry to submit details of the existing support infrastructure for PwDs.

In its 4-page order, the Bench noted that the man runs a business of sale and purchase of junk material and has been elected as a Sabhasad (Corporator).

"The petitioner No. 2 has battled his disability and joined the calling of public service...which is both a tribute to the triumph of human will over physical disability and also of Indian democracy," the Judges observed.

On the merits of the plea, the Court granted interim protection to the couple, both major. The bench took note of the wife's statement that she had married of her own free will and wished to sever ties with her parental family.

The court took into account their specific claim that the FIR is the result of opposition of the family members of the petitioner no.1 to their relationship.

Against this backdrop, taking note of the husband's vulnerability, the Court directed the Deputy Commissioner of Police, Agra, to ensure that his security is duly addressed by the local police authorities as per law.

The Court also directed the State to file counter affidavit before the next date of listing. In case counter affidavit is not filed on the next date of listing, the Court said that it could summon the concerned Deputy Commissioner of Police, Agra in person.

The matter is now posted for hearing next on December 10.