Tuesday, March 30, 2021

Jagmohan Sharma Vs. DCP South East District | Case No. 1912/1111/2020/08/3540-41 | Dated: 30-03-21

 
In the court of the State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25-D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-02
Phone: 011-23216003-04, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the 
Rights of Persons with Disabilities Act, 2016]

Case No. 1912/1111/2020/08/3540-41 Dated: 30-03-21 

In the matter of:

Sh. Jagmohan Sharma,
68, Hari Nagar, Aashram, 
New Delhi -110014 ………Complainant

Versus

The Deputy Commissioner of Police,
(South East District),
Pocket-C, Sarita Vihar, 
New Delhi-110076 ………..Respondent 


Date of Hearing : 30.03.2021

Present: Sh. Jagmohan Sharma, complainant.

Sh. Braham Prakash, S.I. P.S. Sunlight Colony on behalf of the respondent.

ORDER

  The complainant, Sh. Jagmohan Sharma, a person with 75% locomotor disability vide his complaint dated 12.08.2020  alleged that his brother  Pawan and his wife Mrs. Kusum  are harassing him by abusing, misbehaving, manhandling and giving him threats to kill.  He had made several complaints to police on the issue but, the local police are not taking appropriate actions against them.   

2. The matter was taken up with the Dy. Commissioner of Police (South East District)  vide  letter dated 19.08.2020 for submission of their comments. A reply was received from Addl. Dy. Commissioner of Police, South  East District, New Delhi on 05.02.2021 vide which it was informed that an enquiry into the matter was got conducted through ACP/Lajpat Nagar/SED  and it was found that the complainant and the alleged are brothers and reside in the same building at H.No. 68, Hari Nagar Ashram, New Delhi. The allegations levelled in the complaint could not be substantiated during enquiry.  No cognizable offence is made out.  However, it is revealed that the complainant was already externed (Delhi out) for one year in 2016 u/s 47 DP Act.  Currently,  no police action is required.

3. The complainant vide his rejoinder dated 23.02.2021 (received through e-mail) inter-alia submitted that above Externment Order dated 22.11.2016 passed by Sh. Rajiv Ranjan, Addl. DCP (South East) was  set aside by the Delhi High Court’s Order dated 19.07.2017.  Because of bogus complaints/FIR made by his younger brother and his wife, he was externed for one year by Delhi Police and due to this trauma and mental agony he was paralysed and became a person with locomotor disability.   

4. To resolve the matter and dispose the petition of the complainant, a hearing was scheduled on 30.03.2021.  The complainant was present alongwith Sh. Brham Prakash, Division Officer/S.I. , P.S. Sunlight Colony. 

5. Both the parties submitted their facts.    It is learnt that though it is basically a family feud, but the same caused immense tension among the family members due to which the complainant had a cerebral stroke and  became a person with disability permanently.  

6. After due deliberations and discussion, the Court recommends the following:-

(i) Sub Inspector, Sh. Brham Prakash, P.S. Sunlight Colony, who is also the Division Officer of the area where the complainant resides i.e. at  69, Hari Nagar, Aashram, New Delhi is directed to try and amicably resolve the issue. 

(ii) Sh. Pawan Sharma and his wife Mrs. Kusum need to be advised properly not to threaten and resort to physical manhandling of the complainant and his family members including his 78 years old mother.

(iii) In case of any further complaints received from complainant, action as per law should be initiated against them and their accomplishers and with due sections of CrPC,  FIR be lodged against anyone for taking the law into own hands or try to intimidate or manhandle the complainant or anyone else. 

(iv) At the end complainant is also advised to resort to mind calming measures like yoga to gain physical strength and peace of mind, loss of which has caused him physical as well as mental illness with locomotor disability and brain haemorrhage etc.

7. Accordingly, the case is disposed of. 

8. Given under my hand and the seal of the Court this 30th day of March, 2021.      


(Ranjan Mukherjee )
State Commissioner for Persons with Disabilities

 

 


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