گونگے بہرے شخص کی جانب سے اراضی منتقلی کے بارے سپریم کورٹ کی ہدایات

 PLD 2023 SC 456

To protect and safeguard the rights and interests of persons with disabilities when entering into a transaction.

Each person hard of hearing and non-verbal is unique in their own way. Most of them are healthy and are not considered as intellectually disabled. However, disabilities of some of them may have a debilitating effect on their mental status which may impair their skills of perception, comprehension, judgment, thought, response, behaviour, capacity to recognize reality, etc. to cope with the ordinary demands of life and the capacity to protect their rights and interests. Any person adjudged or if not so adjudged, appear to be of unsound mind, mentally infirm, or intellectually disabled, is incapable of protecting and safeguarding their rights and interests themselves. Under such circumstances, transaction in respect of rights and interests of such persons must be through next friend or guardian as the case may be, as provided by Order XXXII, Rule 15 of the Code of Civil Procedure (“CPC”). Similarly, any transaction in respect of rights and interests of a person(s) who is hard of hearing and non-verbal, communicates through signs and expressions and is not intellectually disabled, must be in the presence of witnesses who can understand, interpret, and express their views. The witnesses to the transaction should preferably be close relatives or anyone who is fully acquainted with such persons. The witnesses to the transaction should be apprised of the consideration of such transaction. It must be ensured that the persons who deal, assist and witness the transaction have no conflict of interest in the matter. Thus, the authorities before alienating the rights and interests of persons with disabilities must satisfy themselves with regard to the fulfilment of the requirements for a transaction explained herein so that it is free from any influence, misrepresentation or fraud, the amount of consideration is equal to the value of the property and was indeed paid. The reason for such an exercise is to take maximum measures in order to protect and safeguard the rights and interests of such persons.