The Allahabad High Court has come to the rescue of an elderly couple, who were allegedly confined to a room by their son and daughter-in-law. The couple was severely restricted with limited or no access to basic necessities such as sanitation and food.
Taking a serious note of it, a division bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh observed,” Glaring facts have been brought before us. The petitioners
who are senior citizens and living in the heart of the city Prayagraj have made specific/direct allegations of
extreme/abject violation of their basic fundamental rights as also rights as senior citizens. Violators are none other than their own son and daughter-in-law”.
The court constituted a committee consisting of the Prayagraj’s district magistrate, commissioner of police and the chief medical officer and directed them to visit the couple’s residence to ensure their safety.
“The committee shall ensure that the petitioners have adequate access to the various portions/rooms of their property as may ensure their safety and peaceful existence during pendency of this writ petition. If required, the commissioner of police may post necessary personnel at the residence of the petitioners,” the division bench further directed.
The court also directed the chief medical officer to offer complete medical checkups to the couple and ensure adequate medical help may be available to the petitioners through phone calls or such other means.
The committee has also been asked to make necessary enquiries, if need be, from neighbours and/or persons who may be aware of the facts as alleged.
The court has further sought a report of the committee on the correctness or otherwise, as may appear of the statement of the facts made in the present writ petition on the next date in a sealed cover.
The court was prompted to pass these orders while dealing with a writ plea filed by the couple specifying glaring’ facts.
The senior citizen-Petitioners, represented by their counsel advocate Ayush Mishra, alleged severe violations of their fundamental rights and rights as senior citizens perpetrated by their own son and daughter-in-law.
According to the writ petition, the petitioners endured a continuous plight over the past few years, claiming that they have been confined to one room with limited or no access to sanitation and food.
Taking note of the facts of the case, the court said that normally, it would have required the petitioners to first approach the district magistrate through a formal application.
However, emphasizing that under the current circumstances, this approach may not serve the interests of justice and could potentially be counter- productive due to the essential time it might consume. Hence, the court, by way of an exception entertained the plea at this stage and constituted a committee to visit the petitioners.
The court in its order dated July 3, has now posted the matter for further hearing on July 5,2024.
