In the matter of:
Sh. Suraj Pal,
Through e-mail:palsuraj9751@gmail.com ………Complainant
The Deputy Commissioner of Police,
Rohini District,
Sector-23 Road, Pocket-5
Rohini, Delhi-110085. ………..Respondent
Date of Hearing : 14.09.2021
Present: Sh. Suraj Pal, Complainant.
Sh. Aditya Ranjan, SHO, PS Prem Nagar on behalf of the respondent.
ORDER
The complainant, Sh. Suraj Pal, a person with 65% locomotor disability vide his complaint dated 07.06.2021 alleged that Omprakash R/o of L-288, Mangol puri his wife Sushma, Kuldeep his wife Punita and Ishwar Chandra Maura are harassing him by abusing, mishandling and giving him threats to kill. Sh. Omprakash and Sh. Kuldeep captured his shop and now they wanted to occupy his home forcibly. He had made complaint to Police Station Prem Nagar Rohini but the local police has not taken appropriate action against them.
2. The complainant vide another email dated 01.07.2021 also informed that on 22.06.2021 when he went to buy some stuff from market Sh. Kuldeep, Sh. Omprakash and Ms. Punita brutally attacked on his wife and daughter, he called on 100 and PCR brought her wife to Sanjay Gandhi Hospital for MLC. Consequently she was admitted there for four days. After that on 22.06.2021 evening Inquiry Officer called him in Police Station Prem Nagar and arrested him and presented him in Rohini Court on 23.06.2021 and registered case 7/51. He was shocked on the act of police that he had been harassed and tortured without any fault. Thus, he again requested this Court to help him to lodge an FIR against the above mentioned persons.
3. The matter was taken up with the respondent vide letter dated 16.06.2021 followed by reminders dated 28.07.2021 & 19.08.2021. As there was no response from the respondent, a hearing was scheduled on 14.09.2021. The complainant was present and Sh. Aditya Ranjan, SHO, Police Station, Prem Nagar was also present for respondent.
4. Complaint reiterated his written submissions and inter-alia added that Police he had been tortured and beaten brutally by the Inquiry Officer Sh. Manglesh when he was taken into custody by Police overnight on 22.06.2021. However, no action was taken against alleged persons. He has also alleged that the accused persons keep making rounds at his residence in groups and make intimidating gestures. Police is adopting lackadaisical in investigating his case, he possessed a pendrive in favour of his claim but police is not considering it as evidence. He, therefore, he fears unprotected and frightened for his family and his property.
5. Sh. Aditya Ranjan , SHO, PS Prem Nagar vide their written submissions dated 14.09.2021 informed that the enquiry into the matter got conducted through ACP Aman Vihar, which revealed that mother of complainant i.e. Shiv Kali Devi has this three storey building. The ground floor was given to the complainant, one other floor to his younger brother Mukesh and rest floor to their nephew Kuldeep, who became an orphan at young age and since then as grandparents they have been looking after him as guardian. Now nephew Kuldeep and complainant’s younger brother Omprakash is trying to capture the said property forcefully. It further revealed that as per statement of mother of complainant she is the sole owner of the property and she has given other property to her three sons namely Surajpal, Mukesh and Om Prakash. None of her sons look after her and thus, she is currently residing with her grandson Kuldeep in the above said property. She has rented the shop on the ground floor to one Ishwar Chand who is paying rent to her on monthly basis. Her son Suraj Pal and Mukesh wanted to sell this property of her and so they are trying to implicate her grandson Kuldeep and tenant Ishwar Chand in a false case. It was further stated that Suraj Pal and his brother Mukesh have filed a Civil Suit No. CS/570/2021 on the subject matter against the mother and the tenant Ishwar Chand Maurya in the Court of Sh. Abhinav Singh, Civil Judge, Rohini Courts in order to get the place vacated. During the course of enquiry by the Police as per statement of Kuldeep, nephew of the complainant, it was also recorded that in all official documents the name of his grandfather Late Sh. Gangadin has been recorded in place of his father’s name as guardian. All his uncles namely Suraj Pal (complainant), Mukesh and Om Prakash neglected their own mother hence she has been residing with him. His uncles wanted to sell the property so they filed the Civil Suit No. CS/570/2021 against Ishwar Chandra Maurya, tenant of the shop and another Civil Suit No. CS/851/2021 against him (Kuldeep ) and his grandmother Smt. Shivkali Devi. Further the complainant has already filed a complaint u/s 156(3) Cr.P.C. as well as U/S 200 Cr. P.C before the Hon’ble Court of Ld. MM Rohini Court with the same allegations mentioned in this complaint and the case is pending before the Hon’ble MM Rohini Court CC No. 5800/21. Thus the matter pertains to family property dispute which is civil in nature. The complainant has already filed two civil suits in Rohini Courts against her mother Smt. Shivkali Devi, his nephew Kuldeep and tenant Ishwar Chandra Maura. Since the matter is already sub-judice, no police action is required.
6. Section 6 & 7 of the Act mandates the appropriate Government to take measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading treatment and from all forms of abuse, violence and exploitation and to prevent the same. The concerned Executive Magistrate and the other Police Officers are required to take various measures to ensure protection of persons with disabilities from any abuse, violence and exploitation. In this regard, Commissioner of Police vide Circular No. 28/2017 dated 25.10.2017 directed all the DCs(P) to take necessary action to make the IOs aware of the provisions of Act and to ensure its effective implementation.
7. In view of the above facts, it is recommended that:
(i) The matter is a property dispute and currently sub-judice in Civil Court, thus the issue of settlement of property cannot be considered in this court. Complainant & Respondent should take appropriate measures as per outcome of the pending civil suit.
(ii) Respondent is directed to ensure that the complainant is not harassed, abused, or discriminated by any person in any manner and his rights are not infringed.
(iii) SHO, Police Station, Prem Nagar, is also directed to check and go through the pendrive, which will be handed over by complainant (alongwith Certificate 65-B that it is not tempered / doctored) as an evidence to his claim that accused persons keep making rounds at his residence in groups and make intimidating gestures thereby threatening him and his family and if it proves that, adequate action to be taken against such culprits.
(iv) SHO, Police Station, Prem Nagar is also directed to investigate and confirm that complainant was tortured and beaten up in Police custody overnight on 22/06/2021 by Inquiry Officer Sh. Manglesh or if the fact is otherwise and submit an ATR to this Court within 15 days from the date of receipt of this order.
8. Accordingly, the case is disposed of.
9. Given under my hand and the seal of the Court this 15th day of September, 2021.
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