Friday, March 26, 2021

Neetu Singh Vs. The DCP Shahdara District | Case No. 1934 /1111/2020/09/3524-26 | Dated: 26-03-21

 
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-110002
Phone: 011-23216003-04, 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. 1934 /1111/2020/09/3524-26 Dated: 26-03-21 

In the matter of:

Ms. Neetu Singh,
A-214, Jhilmil Colony,
Delhi-110095.                  
(E-mail: neettu8176@gmail.com)                                  ……Complainant

Versus

The Deputy Commissioner of Police,
(Shahdara District),
Bholanath Nagar, Shalimar Park,
Delhi, 110032                         ……..Respondent 
(Impleaded on 25.03.2021)

Date of Hearing : 25.03.2021

Present: Ms. Neetu Singh, complainant.
Sh. Vijay Kumar, SHO (Vivek Vihar) and Sh. Narinder Singh, Head Constable on behalf of respondent.

ORDER

  The above complaint of Ms. Neetu Singh, a person with 65% locomotor disability was received from Member, Delhi Commission for Women vide letter No. DCW/1492/VS/2020 dated 26.08.2020.  Vide her complaint she alleged that one Mr. Mahavir Jain is continuously harassing her by giving threats to kill her as she is living in a disputed property.  She had tried to lodge an FIR against Mr. Mahavir Jain but the Police authorities were not taking any action against him and that she is not feeling safe and is afraid of her life.   She further informed that her electricity was also disconnected illegally and she is facing great difficult. So much so that she out of fear now lives somewhere else with great difficulty.

2. The matter was taken up with the Dy. Commissioner of Police (East District) vide letter dated 14.10.2020 for submission of their comments. However, a reply was received from Addl.Dy. Commissioner of Police, Shahdara District, Office of the Dy. Commissioner of Police, Shahdara District on 14.10.2020, vide which it was informed that an enquiry into the matter was got conducted through ACP/Vivek Vihar and the disputed property at  A-14, Jhilmil, Vivek Vihar, Delhi  was visited by Inquiry Officer  and it was noticed that the alleged Mahavir Jain is claiming to be the owner of this property, while complainant Ms. Neetu Singh has been living there as a tenant for last 7-8 years.  A dispute is going on between the parties regarding non-payment of rent. Both the parties have been instructed accordingly.  The matter is civil in nature and requires no police intervention. Hence, no police action is called for.

3. The complainant vide her rejoinder dated 10.11.20 inter-alia submitted that her complaint is not about any property dispute and she had raised the issues of life threats and personal and physical harm.  She further requested to look into her grievance towards refusal to registering an FIR by Delhi Police on her complaint of receiving life threats from Mr. Mahavir Jain, which has criminal attitude.  

4. Another letter was received from Addl. Dy. Commissioner of Police, Shahdara District, Delhi stating that the Inquiry Officer visited the complainant’s address but the same was found locked and on local enquiry it was informed that the complainant had left from there to her relative’s house. The complainant could not be contacted as she did not mention her new address in her complaint. 

5. To resolve the matter and dispose the petition of the complainant, a hearing was scheduled on 25.03.2020.  

The complainant was present alongwith Sh. Vijay Kumar, SHO (Vivek Vihar)  and  Sh. Narinder Singh, Head Constable/ Beat Incharge.

6. Both the parties submitted their facts.   Complainant reiterated her written submissions and inter-alia added that being female and a person with locomotor disability she is more vulnerable. She is living a traumatic life because of such life threats.  She fears to attend her Office as she has faced some instances of being stalked.  She further stated that her house lock was forcibly broken by Mr. Mahavir Jain and his men and she has also handed over the CCTV footage in this regard to the SHO in this Court.  On this,  Court directs the respondent  that this CCTV footage may be treated as property of the complainant as Exhibit handed over during the hearing. It should be studied and necessary action be taken as per law.

7. SHO, Vivek Vihar, O/o DCP (South) gave assurance to the complainant for her safety and has shared a number of his staff  Sh. Narinder Singh, Head Constable / Area Beat Officer and directed him to be in touch with her on regular basis and in case of any eventuality she could convey her inconvenience to him.  SHO, Vivek Vihar also stated that he would also direct local staff (civil team) deputed on complainant’s route to office for keeping vigil of any stalker trying to harass her on way to office. The Court appreciates above gestures of SHO(Vivek Vihar).

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

(i) Court directs local police to not to interfere in the civil matter of the property issues  with respect to the building in which Ms. Neetu Singh resides and if Mr. Mahavir Jain has got any dispute in respect of this property, he is free to approach any court for resolving the same.  

(ii) With regard to safety and security of Ms. Neetu Singh, it is directed that SHO(Vivek Vihar) / local Police Station should ensure safety and security of Ms. Neetu Singh, a person with disability.  Local Police is further directed to also investigate the case as per CCTV footage handed over by the complainant during the hearing and apprehend the culprits who have breached the security of  her residence i.e. any means of breaking lock and putting another lock and chain. An ATR in this regard be submitted to this court by 05.04.2021.  

(iii) Requisite preventive measures in this particular case be adopted and taken by local police considering the complaint of Ms. Neetu  Singh. 

(iv) With regard to complainant’s grievance of disconnection of electricity meter,  the court  immediately spoke  to CTO, BSES during the hearing and  complainant  is also directed to apply for a new electricity connection  and clear all her dues. 

9. The case is disposed of. 

10. Given under my hand and the seal of the Court this 26th day of March, 2021.      


(Ranjan Mukherjee )
State Commissioner for Persons with Disabilities
 
Copy to:-  The CTO, BSES Rajdhani Power Limited, BRPL, BSES Bhawan, Nehru Place,  New Delhi-110019 for necessary action on Para 8(iv).
 

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