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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case No. 4/1603/2017-Wel./CD/3069-71
Dated:
17.11.2017
In the matter of:
Sh. Pradeep Kumar
Rz-147,
Barampuri, Phanka Road,
Nagal
Raya, New Delhi-110046 ................
Petitioner
Versus
Deputy Commissioner of
Police,
Distt-South West,
Sec-19,
Dwarka, Delhi. ...…Respondent
No. 1
Commissioner
of Police, Delhi Police,
MSO
Bldg., ITO, I.P. Estate,
New
Delhi-110002. ...…Respondent
No. 2
Date of Hearing 11.09.2017, 21.09.2017, 04.10.2017, 25.10.2017.
06.11.2017, 16.11.2017
Present: Sh. Pradeep Kumar, Complainant.
Sh. B.R. Sankhla,
SHO
ORDER
The
above named complainant; person with 47% loco-motor disability, vide his
complaint received on 06.04.2017, submitted that he is a resident of Brahampur,
Pankha Road, Nangalraya, New Delhi. Some
people cheated him and took Rs. 2.65 lakh from him after getting him government
job in Railway or Food Corporation of India.
Besides using derogatory remarks against him, the concerned persons
threatened him. He filed a complaint at
Sagarpur South West Police Station on 01.03.2007. In his complaint dated 01.03.2017 to the SHO
Sagarpur, the complainant had mentioned that he transferred the amount to Sh.
Surinder Kumar Dubey online in May, 2016.
2.
The complaint was taken up with the respondent No. -1 vide notice dated
31.05.2017. Thereafter, hearings were scheduled on 11.09.2107, 04.10.2017 and
25.10.2017. Respondent No.1 vide status
report received on 06.10.207 informed that enquiry was being conducted. Thereafter legal action would be taken.
3. As the complainant in his submissions during
the hearing on 06.11.2017 informed that FIR had not been filed. Commissioner of
Police: Delhi was impleaded as respondent No. 2 and was requested to sensitise
all concerned in Delhi Police and to direct them to comply with the provisions
of the Rights of Persons with Disabilities Act, 2016 and not to harass the
persons with disabilities who approach them.
The provisions of Section 93 of the said Act providing for punishment
for failure to furnish information which may extend to Rs. 25000/- in respect
of each offence and in case of continued failure or refusal, with further fine
which may extend to Rs. 1000/- for each day of continued failure or refusal
besides punishment for contravention of provisions of Act or Rules and Regulations
made thereunder. The Respondent No. 1
was also advised to submit the reasons why the FIR can not be registered
despite the fact that the complainant had made complaint on 01.03.2017.
4. During
the hearing on 16.11.2017, Sh. B.R. Sankhla, SHO Sagarpur submitted a written
statement dated 16.11.2017 which reads as under:
“It is submitted that
complainant Pardeep Kumar filed a complaint on 01.03.2017 vide DD No. 38 B
alleging therein that he paid Rs. 115000 to Ramesh Sharma and Suender Singh on
the pretext of providing govt. job in FCI.
He further filed one more complaint to SHO South avenue alleging therein
that he paid Rs. 150000 for the job in railway to Ramesh Sharma and D.K. Singh.
Since there were two different versions hence an
enquiry was conducted and a legal opinion was sought. The complainant was further got
enquired. He submitted in his fresh
statement alleging therein that he paid Rs. 265000 on the pretext of providing
govt. job to alleged persons. On the
complainant of his fresh statement a case vide FIR No. 340/17 u/s 420/34 IPC
got registered and investigation has been entrusted to SI Sandeep.
It is further submitted that case has been registered
and investigation of the case is being now carried out on priority basis.
It is further submitted that in the light of court
proceedings/directions issued by your Hon’ble Court on 08.11.2017 in the matter
listed above a Advisory on the provision of Rights of Persons with Disability
Act, 2016 has been issued by the Office of Commissioner of Police, Delhi vide
Dy. No. 2958-62/legal cell dated 10/11/2017 to all Distt. DCPs of Delhi for
further sanitization to all officers including ACPs/SHO of Delhi Police. Copies of circular with regard of the Right
of persons with Disability Act 2016 have also been circulated to all
functionaries at all level.
The report is submitted for
kind perusal. The undersigned shall
abide any further direction passed by this Hon’ble Court.
Sd/-
SHO, PS
Sagarpur, New Delhi”
5. The advisory circular No. 28/2017 dated
25.10.2017 regarding awareness about the Rights of Persons with Disabilities
Act, 2016 which has come into effect w.e.f. 19.04.2017, issued by Deputy
Commissioner of Police, Headquarters is reproduced below:
“OFFICE OF THE
COMMISSIONER OF POLICE : DELHI
LEGAL CELL; PHQ,
POLICE STATION TILAK MARG; FIRST FLOOR
CIRCULAR
Sub: The Rights of Persons
with Disabilities Act, 2016.
The rigts of Persons with Disabilities
Act, 2016 has come into force w.e.f. 27th December, 2016.
Objectives of the act
This Act aims at giving
effect to the United Nations Convention on the Rights of persons with
Disabilities and for matters connected therewith or incidental thereto and
towards this end it mandates the appropriate Government to take measures to
protect persons with disabilities from all forms of abuse, violence and
exploitation.
Duties
of Police Officers
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 to the Executive Magistrate within local
limits of whose jurisdiction such incident occurs 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 the police officer shall not be relieved
from his duty to proceed in accordance with law upon receipt of information as
to the commission of a cognizable offence.
Offences
under the Act
The offences and punishments under the
Rights of Persons with Disabilities Act 2016 are enumerated from Section 89 to
Section 95 to chapter XVI of this Act.
The main offence is enumerated in Section 92 of the Act which is as
under:
Whoever –
a)
Intentionally
insults or intimates 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.
c)
Having
the actual charge or control over a person with disability voluntarily or
knowingly denies food or fluids to him or her.
d)
Being
in a position to dominate the will of a child or woman with disability and uses
that position to exploit her sexually.
e)
Voluntarily
injures, damages or interferes with the use of any limb or sense or any
supporting device of a person with disability;
f)
Performs,
conducts or directs any medical procedure to be performed on a woman with
disability which leads to or is likely to lead to termination of pregnancy
without her express consent except in cases where medical procedure for
termination of pregnancy is done in severe cases of disability and with the
opinion of a registered medical practitioner and also with the consent of the
guardian of the 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.
The offence is cognizable, non-bail able and triable by a
Magistrate of 1st Class, Moreover, when an offence is punishable
under this Act and also under any other Act for the time being in force, the
guilty offender will be punishable under the Act which provides for greater
punishment.
A copy of the ‘Rights of Persons with Disabilities Act
2016’ is enclosed for reference.
All Distt. DCPs are directed to take necessary action to
make the IOs aware of the provisions of this Act and to ensure its effective
implementation.
(VikramJit Singh)
Deputy Commissioner of Police
Headquarters, Delhi
No.3464-3614/Record Br./PHQ/dated Delhi the 25/10/2017
Copy to:
1.
All Special Commissioner of Police, Delhi
2.
All Joint
Commissioner of Police, Delhi
3.
Principal/PTC Jharoda
Kalan, Delhi
4.
All Addl.
Commissioner of Police, Delhi
5.
All Districts/Units
DCPs including FRRO, Delhi /Delhi
6.
SO to C.P. Delhi for
information of CP Delhi
7.
All ACPs/HQ(P), (O),
(C & T), (IT) and (CB) in PHQ
8.
PA and LA to CP Delhi
9.
PRO, Delhi Police
10.All
Inspr./I/C/Branches in PHQ
11.I/C Record
Branch with 5 spare copies.”
6.
Reiterating his written
submissions the complainant submitted that there was indeed some confusion
about the Police Station at which he should file his complaint. However, he is satisfied with the action
taken now.
7. In the light of the positive and prompt
action taken by the respondents, the matter is closed and disposed off
accordingly. The complainant is advised
to pursue the matter with the concerned police station and be in touch with the
SHO.
8. Given under my hand and the seal of
the Court this 17th day of November, 2017.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
