Case No. 2016/1111/2020/11/1914-15 Dated:07-10-21
In the matter of:
S/o Wali Mohammad,
R/o H.No. 288, Ahata Patwari,
Balupura, Pakka Talab,
Ghaziabad, UP-201001
(e-mail: foziyajahan786@gmail.com ………Complainant
North East District,
Seelampur, GT. Road, Delhi-110053. ………..Respondent
(e-mail: dcp-northeast-dl@nic.in)
Ms. Foziya.
Sh. Vijay Kumar, SHO, PS (Welcome) on behalf of the respondent.
ORDER
Sh. Sikandar, a person with 45% locomotor disability vide his e-mail dated 17.10.2020 alleged that a Community/Khap Panchayat was organised on 06.08.2020 in Kabir Nagar, Delhi to settle an issue wherein the so called and self employed Sarpanch and other members of that Panchayat gave verdict against him and his family and ordered the community to not to have any contact with him & his family in any manner (Hookah Paani Band). They were forced to do sit up in front of them so as to reverse their orders. Thus they felt persecuted and discriminated by the above act of the Community/Khap Panchayat. The incident was also reported at the corresponding Welcome Police Station and details of the accused party members were given in the complaint / FIR No. 8130452001128. Therefore, he sought relief as per the Rights of the Persons with Disabilities.
2. The matter was taken up with the respondent vide letter dated 06.11.2020 followed by reminders dated 17.12.2020 & 12.01.2021 for submission of their comments. A reply was received from Addl. Dy. Commissioner of Police-I, North East District dated 22.01.2021 vide which it was informed that an enquiry into the matter was got conducted through ACP/ Bhajanpura/NED. During the course of enquiry statement of complainant was recorded. He stated that he is permanent resident of Balupura, Ghaziaband, UP and runs a tyre repairing shop at Meerut road. His son namely Faizal Khan married to Shabnam D/o Ansari in the year 2018. Soon after the marriage, his daughter in law returned to her maternal home. He alleged that some members of his community intervened in the matter and convened a meeting in Kabir Nagar, Delhi on 06.08.2020 to sort out the dispute between both the families. The complainant alleged that the members of Committee humiliated him in the meeting and they also issued order to others members to not keep/maintain any relation with the complainant and his family. During enquiry complainant accepted that he participated in the Community Panchayat as per his own will. Further with regard to his grievance, he did not make any PCR call on that day. Further local enquiry was made in Kabir Nagar, Delhi and as per enquiry the community people denied such order of panchayat. Police reported that the matter was found to be matrimonial dispute, hence allegations were not substantiated.
3. The complainant vide another email dated 07.08.2021 informed that in spite of his repeated requests, no progress has been made in his case. Police authorities are not taking appropriate action in the matter as they did not serve a single Notice to the opposite party. Now, the opposite party ganged up against him and he was also receiving threats call. Thus he again requested to take serious actions and expedite the process.
4. To resolve the matter and dispose the petition of the complainant, a hearing was scheduled on 05.10.2021, which was attended by complainant, his daughter and representative of respondent.
5. Complaint reiterated his written submissions and inter-alia added that during the meeting of self employed Community / Khap Panchayat held on 06.08.20210 he was not only humiliated but also beaten up for not complying their orders. Police has not taken appropriate action in his case and especially the Investigating Officer, Mr. Sudheer has adopted an indifferent approach in investigation of his case.
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.
7. After due deliberations and discussion with the complainant and respondent, the Court recommends as under:
(i) As per statement of the complainant, he was taken into a secluded place and bitten up “BY ORDERS OF SO CALLED COMMUNITY / KHAAP LEADERS” for not complying to their orders on 06.08.2020. Thus, the respondent should try to identify the so called members / persons of Community / Khaap Panchayat with the help of complainant and initiate necessary action against them with due jurisprudence as per law.
(ii) Court also observed that the Investigating Officer deployed in the case should have been more empathetic towards the complainant and acted in accordance with the Rights of Persons with Disabilities Act, 2016, which he has failed to do so. Thus, necessary sensitisation towards persons with disabilities is required for not only the concerned Investigating Officers but also for all the personnel of Delhi Police. (Reference is made to this Court’s letter No. SCD/07/Misc./Pt. File/1856/19/1836 dated 30.09.2021 addressed to the Commissioner of Police, Delhi)
8. The case is closed with the above recommendations and an Action Taken Report be intimated to this court within 3 months from the date of receipt of this order as required under section 81 of the Act.
9. Given under my hand and the seal of the Court this 05th day of October, 2021.
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