Supreme Court Requests Patna HC To Examine Issues Related To Shifting Of Old Age Home Residents In Bihar

While dealing with a PIL, the Supreme Court today requested the Patna High Court to take cognizance of alleged translocation of old age home residents in Bihar in violation of the Court's directions safeguarding rights of the elderly.

A bench of CJI Surya Kant and Justice Joymalya Bagchi passed the order, while dealing with a public interest litigation which assailed certain circulars issued by the State of Bihar relating to old age homes.

The petitioner's primary contention was that certain old age homes in Bihar were being closed and their residents sought to be shifted across districts. While doing so, apparently the directions issued by the Supreme Court in Dr. Ashwani Kumar v. Union of India were being violated.

AoR Gopal Jha, appearing for petitioner-Madhukar Anand, argued that old age persons are being shifted to Sahara homes and there are even reports of organ trading, over which an FIR has been registered. In this regard however, CJI Kant told him to not go by media reports.

"Don't wait for endless directions here. Please go to High Court. We will request the High Court to immediately examine this issue...we are strengthening your hand", CJI told Jha.

At last, the bench passed the following order:

"We find that according to petitioners, there are 25-30 residents from Muzaffarpur old age home who are likely to be shifted to other districts like Patna, Purnia, Gaya, etc. We find that the issues raised in the petition are primarily based on local factors in Bihar. Such issues can be effectively adjudicated by the jurisdictional HC. We therefore dispose of petition with liberty to the petitioner to approach High Court through a PIL, if so advised. We further request the High Court to take cognizance of the matter and ensure that the directions issued by this Court from time to time are duly complied with."

Notably, during the hearing, the CJI also called out the petitioner for using the term "inmates" for the old age home residents. "Don't use the word inmates please, they are residents", said the CJI.

Case Title: MADHUKAR ANAND v. THE STATE OF BIHAR AND ORS., W.P.(C) No. 579/2026