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-110002
[Vested
with powers of Civil Court under the Rights of Persons with Disabilities Act,
2016]
Case No.810/1061/2019/03/6034-6038 Dated:23.09.2019
In the matter of:
Sh.
Islamuddin,
House No. C-433, Gali No. 20-19,
Purana Mustafabad,
Delhi-110094. .………..Complainant
Versus
The Deputy Commissioner of Police,
(North-East District),
Police Station Seelampur,
Delhi-110053. ………..Respondent No.1
Sh. Shahabuddin S/o Sh. Munsaf Ali,
C-433,
Gali No-20, Near Tent Wala School,
Old
Mustafabad, Police Station Gokulpuri,
Delhi-110094.
Address 2. Village Kedarawala,
Tahasil, Vikas Nagar,
Station-Sahashpur,
Dehradoon, Uttrakhand-248197. ………..Respondent No.2
Smt. Tasleem W/o Sh. Shahabuddin,
C-433,
Gali No-20, Near Tent Wala School.
Old
Mustafabad, Police Station Gokulpuri,
Delhi-110094. …………..Respondent
No.3
Date
of Last Hearing: 17.09.2019
Present: Sh. Islamuddin, Complaiant
Sh. Tarkeshwar, SHO, PS, Dayalpur on behalf of
Respondent No.1
Sh. Shahabudin,
Respondent No.2
ORDER
The above named complainant, a person with
90% locomotor disability and a wheel chair user vide his complaint dated
20.03.2019 submitted that he is the
owner of C-433, Gali No-20, Purana Mustafabad, Delhi-110094. His wife, Afreen is also a person with
locomotor disability. He lives in the
said house with his family. Around 6.00
PM on 18.03.2019, when he was away, he saw his sister-in-law (Bhabhi) wife of
his brother Shahabudin alongwith two constables and 3 brothers. They broke upon and entered the house. They claimed to have an order of the court
but refused to give a copy thereof to him.
There were some gold ornaments and Rs.17,670/- in cash in the almirah
kept in that room which is in the possession of Ms. Tasleem. He also submitted that his brother Sh.
Shahabudin stays in Dehradun at Village
Kedarawala, Tahasil, Vikas Nagar and C-433, Gali No-20, Purana Mustafabad, Delhi does belong to him.
2. The complaint was taken up with the
respondent under Rights of Persons with Disabilities Act, 2016, hereinafter
referred to as the Act vide notice dated 22.03.2019 followed by reminder dated
25.04.2019.
3. Sh. R.P. Meena, Addl. DCP
- I, North East District vide letter
dated 24.04.2019 informed that an inquiry into the matter was got conducted. On perusal of the record of Police Station
Dayal Pur, it was found that an order was passed by the Hon’ble Court of Ms.
Kiran Bala, District Ghaziabad, U.P. that the local police will provide safe
entry to Ms. Tasleema in the house of the opposite party which belonged to her
husband Sh. Shahabuddin, C-433, Gali No.20, Near Tentwala School. The local police of Police Station Dayalpur
complied with the order. It has further
been stated that Ld. Court of Ms. Kiran Bala, Principal Magistrate, Mahila
Court, Ghaziabad, UP in case No. 217/2018 directed Commissioner of Police,
Delhi for directing the concerned SHO to ensure the entry of Ms. Tasleema in
the alleged premises and therefore she got entered by the police and hence the
allegations made by the complainant are false.
4. On perusal of the order
dated 14.11.2018 in case No. 217/2018, Ms. Tasleema wife of Sh. Shahabuddin and
daughter of Sh. Noor Mohammed Vs Sh. Shahabuddin Son of Sh. Munsaf Ali Resident
of C-433, Gali No. 20, Near Tentwala School, Purana Mustafabad, PS Gokulpuri,
it was observed that the said order only directed Sh. Shahabuddin that he
should take his wife and continue marital life.
As the order dated 14.11.2018 and the submissions of the respondent did
not match in so far as the order did not mention about the direction to the
Commissioner of Police, Delhi, a hearing was scheduled on 17.09.2019.
5. During the hearing, the complainant reiterated
his written submissions and stated that he did not get any copy of the order
directing the Delhi Police Commissioner to get entry of Ms. Tasleema into his house.
6. Sh. Tarkeshwar, SHO, PS Dayalpur
submitted a copy of the letter dated 14.03.2019 of Ms. Kiran Bala, Principal
Magistrate, Family Court, Ghaziabad, U.P. addressed to the Commissioner of
Police, Delhi requesting the Delhi Police Commissioner to direct the concerned
officers to ensure safe custody of Ms. Tasleema into Sh. Shahabuddin’s house at
C-433, Gali No.20, Near Tentwala School, Purana Mustafabad, Delhi which is the
address given in the order dated 14.11.2019 also. Accordingly, the concerned officials complied
with the order of the Hon’ble Court.
7. In light of the order of the Hon’ble
Court and the fact that the address of Sh. Shahabuddin has been given as C-433,
Gali No.20, Near Tentwala School, Purana Mustafabad, Delhi, the complaint is
disposed of. No directions as requested
by the complainant, can be issued by this court. If the complainant has any objection in the
matter, he should approach the Principal Magistrate, Family Court, Ghaziabad
with relevant documents.
8. Given under my hand and
the seal of the Court this 23rd day of September, 2019.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
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