Tuesday, May 21, 2019

Jagpal Singh Saini Vs. The DCP (North East District) & 3 Others | Case No. 641/1062/2018/12/2316-2320 | Dated: 20.05.2019




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,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 641/1062/2018/12/2316-2320                 Dated: 20.05.2019

In the matter of:

Sh. Jagpal Singh Saini
A-21, Ankur Enclave,
Karawal Nagar, Delhi-110090.                          ................ Complainant
                                             
                                          Versus                           
The Deputy Commissioner of Police
(North East District)
Police Station, Seelampur,
Delhi-110053.                                                  ........... Respondent No. 1

Smt. Sadhana, W/o Late Sh. Sushil,
A-21, Ankur Enclave,
Karawal Nagar, Delhi-110090.                        ........... Respondent No. 2

Ms. Shivani D/o Late Sh. Sushil,
A-21, Ankur Enclave,
Karawal Nagar, Delhi-110090.                        ........... Respondent No. 3

Ms. Shivam S/o Late Sh. Sushil,
A-21, Ankur Enclave,
Karawal Nagar, Delhi-110090.                        ........... Respondent No. 4

Date of Hearing:  10.05.2019

Present:               Sh. Jagpal Singh Saini, Complainant
Sh. Sanjeet Kumar, Advocate on behalf of the Complainant

Smt. Sadhna Saini on behalf of Respondent No. 2,3 & 4

ORDER 
The complaint dated 20.10.2018 of the above noted complainant, a person with 55% locomotor disability was received on 21.12.2018 from the Court of Chief Commissioner for Persons with Disabilities vide letter dated 06.12.2018.  The complainant submitted that he met Smt. Sadhna in 1997 with two children (Respondent No.3 & 4).  She approached him for job in his building material shop.  She joined the complainant and started helping him in his work in the building material shop and as domestic help.  After some time, the complainant and the Respondent No.2 started to have living-in relationship with mutual consent.  In the year 2000, the complainant closed the work of building material and started Ch. Brahm Singh Saini Memorial School at A-4, Ankur Enclave, Karawal Nagar, Delhi recognized by MCD upto 5th standard.  Respondent No.2 worked as caretaker in the school.
2.       The complainant has inter-alia alleged that Respondent No.2 started pressing him to transfer all his immovable property in her name and also misguided Respondent No. 3 & 4 against the complainant.  She harassed him by not giving him food, beating him and taunting.  The complainant prayed that appropriate legal action under the Act be taken against the respondents and to restrain the respondents, their agents, servants, attorneys, associates, family members, administrator, executors etc. from inflicting cruelty, harassment, humiliation, defamation etc.   
3.       The complaint was taken up with Deputy Commissioner of Police (North East District) vide show cause notice dated 01.01.2019 under the Rights of Persons with Disabilities Act, 2016 hereinafter referred to as the Act followed by Summons to appear dated 08.02.2019.  Addl. DCP(North East District)-I vide letter dated 18.02.2019 submitted that inquiry into the matter revealed that the complainant had already filed a Civil Suit in the Court of Ms. Rashmi Kujur, Ld. MM, Karkardooma Court, which is under trial.  The matter is civil in nature and hence the complaint may be filed.  A copy of the said reply was sent to the complainant for his rejoinder.  In the meantime a hearing had also been scheduled on 14.03.2019.
4.       During the hearing, Sh. Sanjeet Kumar, Advocate for the complainant submitted that subsequent to the filing of complaint, Ms. Sadhna and her son Sh. Shivam and daughter Ms. Shivani manhandled the complainant.  A complaint was made with the police but no FIR was registered.  Ms. Sadhna and her children continue to threaten him and do not allow him to enter his house or enjoy his property with the intention to dislodge him from his properties.  He requested that Ms. Sadhna, Ms. Shivani and Sh. Shivam be also made parties.  A copy of the report of the police was handed over to him for filing rejoinder, if any and Ms. Sadhna, Ms. Shivani and Sh. Shivam were impleaded as respondent No.2,3 & 4 respectively.  The parties were also directed to note the provisions of the Section 7 of the Act which provides as under:
Section 7. (1) The appropriate Government shall take measures to protect persons with disabilities from all forms of abuse, violence and exploitation and to prevent the same, shall—
(a) take cognizance of incidents of abuse, violence and exploitation and provide legal remedies available against such incidents;
(b) take steps for avoiding such incidents and prescribe the procedure for its reporting;
(c) take steps to rescue, protect and rehabilitate victims of such incidents; and
(d) create awareness and make available information among the public.
(2) Any person or registered organisation who or which has reason to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any person with disability, may give information about it to the Executive Magistrate within the local limits of whose jurisdiction such incidents occur.
(3) The Executive Magistrate on receipt of such information, shall take immediate steps to stop or prevent its occurrence, as the case may be, or pass such order as he deems fit for the protection of such person with disability including an order—
(a) to rescue the victim of such act, authorising the police or any organisation working for persons with disabilities to provide for the safe custody or rehabilitation of such person, or both, as the case may be;
(b) for providing protective custody to the person with disability, if such person so desires;
(c) to provide maintenance to such person with disability.
(4) Any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability shall inform the aggrieved person of—
(a) his or her right to apply for protection under sub-section (2) and the particulars of the Executive Magistrate having jurisdiction to provide assistance;
(b) the particulars of the nearest organisation or institution working for the rehabilitation of persons with disabilities;
(c) the right to free legal aid; and
(d) the right to file a complaint under the provisions of this Act or any other law dealing with such offence:
Provided that nothing in this section shall be construed in any manner as to relieve the police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.
(5) If the Executive Magistrate finds that the alleged act or behaviour constitutes an offence under the Indian Penal Code, or under any other law for the time being in force, he may forward the complaint to that effect to the Judicial or Metropolitan Magistrate, as the case may be, having jurisdiction in the matter.”
5.       They were also informed that Section 89 and 92 of the Act respectively also provide for punishment for contravention of provisions of the Act or rules and regulations made thereunder and for offences of atrocities.
6.       Respondent No.1 submitted an application dated 28.03.2019 and stated that her husband Sh. Jagpal Singh Saini (the complainant herein) has filed a case in the Karkardooma Court and the complaint filed by him is baseless. He is a bad character and he himself shot his arm.  A detailed inquiry should be made into the matter.  She also submitted that a case in the Family Court is also pending.
7.       On 09.04.2019, none appeared and the parties were given one more opportunity to present their cases failing which they were informed that the matter would be disposed of based on available records.  
8.       On 10.05.2019, Smt. Sadhna Saini submitted a copy of her complaint dated 09.05.2019 submitted to the Deputy Commissioner of Police (North East District), Seelampur against the complainant, his daughter Ms. Pinki Saini, his associates namely Arti and Aysha for illegally and unlawfully trespassing into her school i.e. Ch. Brahm Singh Memorial School, Ankur Enclave, Karawal Nagar, Delhi, stealing the records of the school, damaging the school property and records, beating, extending threat of killing.  The said complaint is also against SI Sukh Ram and SHO Sanjeev Kumar Gautam of PS Karawal Nagar for shielding the accused.  She also stated that she has also filed a case against the complainant for domestic violence which is pending in Karkardooma Court.
9.       Shri Sanjeet Kumar, advocate on behalf of the complainant, submitted that in his capacity of authorised representative of Ch. Braham Singh Memorial Educational Society, the complainant has also filed a Civil Suit for prohibitory relief against Smt. Sadhna Saini to restrain her from  disturbing peaceful administration of the school.  The complainant submitted that he has a house at A-21, Ankur Enclave, Karawal Nagar, Delhi-110090 consisting of Ground Floor having one Hall and two rooms and First Floor having 4 rooms with kitchen, toilet and bathrooms.  He is not able to stay in the house because of terms of the bail order of the Court in the domestic violence case.  He further submitted that the school is in the name of his daughter Ms. Pinki Saini and the house is in his name.  He requested that he should be allowed to stay peacefully in his house.  Smt. Sadhna Saini submitted that the matter may be got investigated thoroughly and appropriate action under the law be taken.
10.     As the parties have filed their respective cases in the Civil Court/ Family Court on the same issues as in this complaint, it is closed in this court.
11.     However, in light of the provision in Section 7 of the Act reproduced in para 4 above and Section 92 that, “Whoever,—(a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view; (b) assaults or uses force to any person with disability with intent to dishonour him or outrage the modesty of a woman with disability;……………………………shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine”, DCP(NE), Seelampur should ensure that appropriate action, as required under Section 7 of the Act is taken and the complainant’s rights are protected.  The case be thoroughly investigated and if the police finds violation of any of the above mentioned provisions of the Act by any person, the same be brought to the notice of the Hon’ble Court.
12.     Action taken be intimated to this court within 3 months from the date of receipt of this order as required under section 81 of the Act.
13.     Given under my hand and the seal of the Court this 20th day of May, 2019.



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


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