Saturday, January 13, 2018

Vijay Nath Mishra Vs. DCP (North West), Delhi Police | Case No. 4/ 1724/2017-Wel/CD/3841-42 | Dated:12.01.2018



In the Court of State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 4/ 1724/2017-Wel/CD/3841-42                                  Dated:12.01.2018

In the matter of:

Mr. Vijay Nath Mishra
S/o Parasnath Mishra,
M.B. Road, Shakarpur,
Delhi-110092.                                                                                  .……… Complainant     

                                                                      Versus

The Deputy Commissioner of Police,
North West District,
Ashok Vihar, Delhi-110052.                                                              …...…Respondent
 

Date of hearing:           09.01.2018

Present                           Sh. Vijay Nath Mishra, Complainant.
                                          None on behalf of the respondent.

            
ORDER

                The above named complainant, a person with blindness vide his complaint dated 13.07.2017 submitted that  he purchased a plot measuring 150 yards, khasra No. 1030, village Qadi Vihar, Delhi from Sh. Anand Swaroop S/o Sh. Nepal Singh on 28.07.2006.  He also got work done on the plot from time to time.  On 22.06.2017, three unknown persons came to his house.  One of them mentioned his name as Dharmender of Alipur.  He asked him to meet him in the house of Sh. Sudhir Rana with the papers of the plot.  He threatened to kill him if he did not do so.  He wants to do construction work in his plot.  However, he is afraid of those persons.  In June, 2016 one Sh. Jagdish, S/o Sh. Mahender also harassed him and claimed ownership of the plot.  He had filed complaints with S.H.O. (Swaroop Nagar), Delhi.

2.      Reiterating his earlier submissions,  the complainant vide his letter dated 17.11.2017  added that the S.H.O. (Swaroop Nagar), Sh. Bharat Ram Meena did not give much attention to the matter.  The complainant, therefore, requested for an early intervention.

3.      The complaint was taken up with the respondent vide letter dated 06.07.2017 followed by reminder dated 16.11.2017.  As there was no response from the respondent, a hearing was scheduled on 09.01.2018.

4.      During the hearing on 09.01.2018, the complainant submitted that the case falls under the jurisdiction of Dy. Commissioner of Police (North West District), Ashok Vihar whereas the notice of hearing has been sent to DCP(North District), Civil Lines.  This probably is the reason why the respondent has not been represented in the hearing.  Reiterating his submissions, the complainant stated that the vigilance enquiry conducted by the PG Cell, North West District has already established that the plot belongs to him.  However, because of insufficient support of Police, he is not able to carry out any kind of construction activity in his plot of land measuring 150 Sq. Yards.  He requested that the DCP (North West) may be advised  to provide police personnel to enable him to carry out some construction work in the plot as Sh. Dharmender threatened him and the concerned police officials do not provide him the required support.

5       From the record it is observed that the vigilance enquiry conducted by Inspector (North West) concluded that the complainant is in possession of plot measuring 150 Sq. Yards bearing khasra no. 1030, A- Block, Qadi Vihar, Swaroop Nagar, Delhi.  ACP, PG Cell, North West  District in his remarks dated 31.08.2017 also recorded that the S.I. Sajjan Singh of Police Station , Swaroop Nagar conducted the enquiry in a lackadaisical manner.  It supports the contention of the complainant that the local Police personnel have not been providing him the required assistance and support.  Complainant also submitted that fed up with the law enforcing agency and the attitude of the members of the society,  he has approached the Metropolitan Magistrate’s Court in Rohini for relief.

6.      Section 7 of the Rights of Persons with Disabilities Act, 2016 provides for protection of abuse, violence and exploitation of the persons with disabilities and sub-section 4 of Section 7 casts an obligation on a Police Officer who receives a complaint or otherwise comes to know of  abuse, violence or exploitation towards any person with disability to extend necessary support and protection to such a person with disability.  In this regard, Office of the Commissioner of Police, Delhi  vide Circular No. 28/2017 dated 25.10.2017  has directed all the DCPs to take necessary action to make the Inquiry Officers aware of the provisions the Rights of Persons with Disabilities Act, 2016 and to ensure its effective implementation. 

7.      Notwithstanding the fact that the complainant has already approached Metropolitan Magistrate Court (Rohini), DCP (North  West), Ashok Vihar is advised to extend necessary support to the complainant to enable him to carry out the construction activity in his plot.  It may also be ensured that the complainant is not harassed, abused, or exploited by any person and his rights are not infringed.

8.      In the light of the above position, the complaint is disposed of.

9.     Given under my hand and the seal of the Court this 12th day of January,  2018.

           (T.D. Dhariyal )
                      State Commissioner for Persons with Disabilities




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