The Madurai bench of the Madras high court on Friday closed a public interest litigation (PIL) filed in connection with the Madurai-based Akshaya Trust which was embroiled in a controversy after a 21-year-old mentally retarded woman fled the home run by it on June 6, this year and sought refuge after levelling sexual allegation charges. The court said the allegations made against the trust had not been substantiated with sufficient evidence.
At the same time, the court has directed the state's commissioner for differently-abled persons to monitor the activities of the trust periodically as per the legal procedures.
The court also made it clear that if any irregularities are found in the running of the trust the authorities concerned would take action in accordance with law.
All India Democratic Women' Association of India (AIDWA) district president C Muthurani had filed the PIL levelling various allegations including sexual harassment, illegal organ transplantation etc against the trust. In her PIL, she wanted the court's intervention to evolve a mechanism to monitor/regulate and ensure the safety and well-being of the mentally retarded/ mentally ill-women and child inmates housed in all the non-governmental organisations / institutions / homes functioning in the state. After hearing the concerned sides, the division bench of justices M Jaichandren and R Mahadevan passed order on Friday closing the petition.
"We are of the considered view that the allegations made against the trust have not been substantiated with sufficient evidence. However, we find it appropriate to direct the state's commissioner of differently abled to monitor the activities of the trust periodically as per the legal procedures," justice Jaichandren said, who wrote the order. The judge further said, "It was also made clear that if any irregularities are found in the running of the trust or home or if it is found that certain unlawful activities had taken place therein, it would be open to the authorities concerned to take appropriate action in accordance with law." As a direction to the trust, the order said it should submit monthly reports regarding the inmates of the home to the state's commissioner. The bench further directed the trust that it should pass on information relating to people who are taken to the home, and if possible their identity might be established and further details, if any, may be submitted to the nearest police station.
It may be recalled that when the matter was earlier heard by the division bench of justices V Ramasubramanian and V M Velumani in July, the court ordered inspection of the home by the advocate commission, which listed out various irregularities including accommodating the sound people along with mentally retarded children, alleged deaths of 122 inmates etc. Following it, the court ordered the release of 121 inmates who were willing to leave.
Source : TOI , 13th Sep 2014
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