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-2
Phone-011-23216002-04,
Telefax: 011-23216005,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case
No. 641/1062/2018/12/2316-2320 Dated:
20.05.2019
In
the matter of:
Sh. Jagpal Singh Saini
A-21,
Ankur Enclave,
Karawal
Nagar, Delhi-110090. ................
Complainant
Versus
The Deputy Commissioner
of Police
(North
East District)
Police
Station, Seelampur,
Delhi-110053. ...........
Respondent No. 1
Smt. Sadhana, W/o Late
Sh. Sushil,
A-21,
Ankur Enclave,
Karawal
Nagar, Delhi-110090. ...........
Respondent No. 2
Ms. Shivani D/o Late
Sh. Sushil,
A-21,
Ankur Enclave,
Karawal
Nagar, Delhi-110090. ...........
Respondent No. 3
Ms. Shivam S/o Late Sh.
Sushil,
A-21,
Ankur Enclave,
Karawal
Nagar, Delhi-110090. ...........
Respondent No. 4
Date
of Hearing: 10.05.2019
Present: Sh. Jagpal Singh Saini,
Complainant
Sh. Sanjeet Kumar, Advocate on behalf of the Complainant
Smt. Sadhna Saini on behalf of Respondent No.
2,3 & 4
ORDER
The
complaint dated 20.10.2018 of the above noted complainant, a person with 55% locomotor
disability was received on 21.12.2018 from the Court of Chief Commissioner for
Persons with Disabilities vide letter dated 06.12.2018. The complainant submitted that he met Smt.
Sadhna in 1997 with two children (Respondent No.3 & 4). She approached him for job in his building
material shop. She joined the
complainant and started helping him in his work in the building material shop
and as domestic help. After some time,
the complainant and the Respondent No.2 started to have living-in relationship
with mutual consent. In the year 2000,
the complainant closed the work of building material and started Ch. Brahm
Singh Saini Memorial School at A-4, Ankur Enclave, Karawal Nagar, Delhi
recognized by MCD upto 5th standard.
Respondent No.2 worked as caretaker in the school.
2. The complainant has inter-alia alleged
that Respondent No.2 started pressing him to transfer all his immovable
property in her name and also misguided Respondent No. 3 & 4 against the
complainant. She harassed him by not
giving him food, beating him and taunting.
The complainant prayed that appropriate legal action under the Act be
taken against the respondents and to restrain the respondents, their agents,
servants, attorneys, associates, family members, administrator, executors etc.
from inflicting cruelty, harassment, humiliation, defamation etc.
3. The complaint was taken up with Deputy
Commissioner of Police (North East District) vide show cause notice dated
01.01.2019 under the Rights of Persons with Disabilities Act, 2016 hereinafter
referred to as the Act followed by Summons to appear dated 08.02.2019. Addl. DCP(North East District)-I vide letter
dated 18.02.2019 submitted that inquiry into the matter revealed that the
complainant had already filed a Civil Suit in the Court of Ms. Rashmi Kujur, Ld.
MM, Karkardooma Court, which is under trial.
The matter is civil in nature and hence the complaint may be filed. A copy of the said reply was sent to the
complainant for his rejoinder. In the
meantime a hearing had also been scheduled on 14.03.2019.
4. During the hearing, Sh. Sanjeet Kumar,
Advocate for the complainant submitted that subsequent to the filing of
complaint, Ms. Sadhna and her son Sh. Shivam and daughter Ms. Shivani
manhandled the complainant. A complaint
was made with the police but no FIR was registered. Ms. Sadhna and her children continue to
threaten him and do not allow him to enter his house or enjoy his property with
the intention to dislodge him from his properties. He requested that Ms. Sadhna, Ms. Shivani and
Sh. Shivam be also made parties. A copy
of the report of the police was handed over to him for filing rejoinder, if any
and Ms. Sadhna, Ms. Shivani and Sh. Shivam were impleaded as respondent No.2,3
& 4 respectively. The parties were
also directed to note the provisions of the Section 7 of the Act which provides
as under:
Section 7.
(1) The appropriate Government shall take measures to protect persons with
disabilities from all forms of abuse, violence and exploitation and to prevent
the same, shall—
(a) take cognizance of
incidents of abuse, violence and exploitation and provide legal remedies
available against such incidents;
(b) take steps for avoiding
such incidents and prescribe the procedure for its reporting;
(c) take steps to rescue,
protect and rehabilitate victims of such incidents; and
(d) create awareness and make
available information among the public.
(2) Any person or registered
organisation who or which has reason to believe that an act of abuse, violence
or exploitation has been, or is being, or is likely to be committed against any
person with disability, may give information about it to the Executive
Magistrate within the local limits of whose jurisdiction such incidents occur.
(3) The Executive Magistrate
on receipt of such information, shall take immediate steps to stop or prevent
its occurrence, as the case may be, or pass such order as he deems fit for the
protection of such person with disability including an order—
(a) to rescue the victim of
such act, authorising the police or any organisation working for persons with
disabilities to provide for the safe custody or rehabilitation of such person,
or both, as the case may be;
(b) for providing protective
custody to the person with disability, if such person so desires;
(c) to provide maintenance to
such person with disability.
(4) Any police officer who
receives a complaint or otherwise comes to know of abuse, violence or
exploitation towards any person with disability shall inform the aggrieved
person of—
(a) his or her right to apply
for protection under sub-section (2) and the particulars of the Executive
Magistrate having jurisdiction to provide assistance;
(b) the particulars of the
nearest organisation or institution working for the rehabilitation of persons
with disabilities;
(c) the right to free legal
aid; and
(d) the right to file a
complaint under the provisions of this Act or any other law dealing with such
offence:
Provided that nothing in this
section shall be construed in any manner as to relieve the police officer from
his duty to proceed in accordance with law upon receipt of information as to
the commission of a cognizable offence.
(5) If the Executive
Magistrate finds that the alleged act or behaviour constitutes an offence under
the Indian Penal Code, or under any other law for the time being in force, he
may forward the complaint to that effect to the Judicial or Metropolitan
Magistrate, as the case may be, having jurisdiction in the matter.”
5. They
were also informed that Section 89 and 92 of the Act respectively also provide
for punishment for contravention of provisions of the Act or rules and
regulations made thereunder and for offences of atrocities.
6. Respondent
No.1 submitted an application dated 28.03.2019 and stated that her husband Sh.
Jagpal Singh Saini (the complainant herein) has filed a case in the Karkardooma
Court and the complaint filed by him is baseless. He is a bad character and he
himself shot his arm. A detailed inquiry
should be made into the matter. She also
submitted that a case in the Family Court is also pending.
7. On
09.04.2019, none appeared and the parties were given one more opportunity to
present their cases failing which they were informed that the matter would be
disposed of based on available records.
8. On
10.05.2019, Smt. Sadhna Saini submitted a copy of her complaint dated 09.05.2019
submitted to the Deputy Commissioner of Police (North East District), Seelampur
against the complainant, his daughter Ms. Pinki Saini, his associates namely
Arti and Aysha for illegally and unlawfully trespassing into her school i.e. Ch.
Brahm Singh Memorial School, Ankur Enclave, Karawal Nagar, Delhi, stealing the
records of the school, damaging the school property and records, beating,
extending threat of killing. The said
complaint is also against SI Sukh Ram and SHO Sanjeev Kumar Gautam of PS
Karawal Nagar for shielding the accused.
She also stated that she has also filed a case against the complainant
for domestic violence which is pending in Karkardooma Court.
9. Shri
Sanjeet Kumar, advocate on behalf of the complainant, submitted that in his
capacity of authorised representative of Ch. Braham Singh Memorial Educational
Society, the complainant has also filed a Civil Suit for prohibitory relief
against Smt. Sadhna Saini to restrain her from
disturbing peaceful administration of the school. The complainant submitted that he has a house
at A-21, Ankur Enclave, Karawal Nagar, Delhi-110090 consisting of Ground Floor having
one Hall and two rooms and First Floor having 4 rooms with kitchen, toilet and
bathrooms. He is not able to stay in the
house because of terms of the bail order of the Court in the domestic violence
case. He further submitted that the
school is in the name of his daughter Ms. Pinki Saini and the house is in his
name. He requested that he should be
allowed to stay peacefully in his house.
Smt. Sadhna Saini submitted that the matter may be got investigated
thoroughly and appropriate action under the law be taken.
10. As
the parties have filed their respective cases in the Civil Court/ Family Court
on the same issues as in this complaint, it is closed in this court.
11. However,
in light of the provision in Section 7 of the Act reproduced in para 4 above
and Section 92 that, “Whoever,—(a) intentionally insults or intimidates
with intent to humiliate a person with disability in any place within public
view; (b) assaults or uses force to any person with disability with intent to
dishonour him or outrage the modesty of a woman with disability;……………………………shall
be punishable with imprisonment for a term which shall not be less than six
months but which may extend to five years and with fine”, DCP(NE),
Seelampur should ensure that appropriate action, as required under Section 7 of
the Act is taken and the complainant’s rights are protected. The case be thoroughly investigated and if
the police finds violation of any of the above mentioned provisions of the Act
by any person, the same be brought to the notice of the Hon’ble Court.
12. Action
taken be intimated to this court within 3 months from the date of receipt of
this order as required under section 81 of the Act.
13. Given
under my hand and the seal of the Court this 20th day of May,
2019.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
