Case No.1091/1141/2014 Dated: 28th February,2014
To
Commissioner of Police : Delhi,
Police Headquarters,
MSO Building, I.P. Estate,
*New Delhi - 110 002*
Subject: Report on alleged incidents of lathicharge against persons with
disabilities on 27.02.2014.
Sir,
Taking suo-motu congnizance on the basis of two Press Releases
issued by National Platform for the Rights of the Disabled, New Delhi and
All India Disability Alliance, New Delhi dated 27.02.2014 (copy enclosed)
and a posting by Shri Ramdas Shivhare on Access India and E-Group (copy
enclosed) respectively, the Chief Commissioner for Persons with
Disabilities, Govt. of India has directed to call for a detailed report on
the alleged incidents of lathicharge on persons with disabilities on
27.02.2014. One of the two incidents is alleged to have happened outside
the AICC office at 24 Akbar Road, New Delhi and the other in front of Shri
Rahul Gandhi's residence.
2. *Section 59* of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995
provides as under:
*"Without prejudice to the provisions of section 58 of the Chief
Commissioner may of his own motion or on the application of any aggrieved
person or otherwise look into complaints with respect to matters relating
to -*
*(a) **deprivation of rights of persons with disabilities;*
*(b) **non-implementation of laws, rules, bye-laws, regulations,
executive orders, guidelines or instructions made or issued by the
appropriate Governments and the local authorities for the welfare and
protection of rights or persons with disabilities, and take up the matter
with the appropriate authorities."*
3. *Section 63* of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995
provides as under:
*"(1) The Chief Commissioner and the Commissioners shall, for the
purpose of discharging their functions under this Act, have the same powers
as are vested in **a court under the Code of Civil Procedure, 1908 while
trying a suit, in respect of the following matters, namely :-*
*(a) **summoning and enforcing the attendance of witnesses;*
*(b) **requiring the discovery and production of any document;*
*(c) **requisitioning any public record or copy thereof from any court
or office;*
*(d) **receiving evidence on affidavits; and*
*(e) **issuing commissions for the examination of witnesses or
documents.*
*(2) **Every proceeding before the Chief Commissioner and
Commissioners shall be a judicial proceeding within the meaning of sections
193 and 228 of the Indian Penal Code and the Chief Commissioner, the
Commissioner, the competent authority, shall be deemed to be a civil court
for the purposes of section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973."*
4. In view of the above, it is requested to please furnish a
detailed report on the alleged two incidents of lathicharge on persons with
disabilities on 27.02.2014 within a week from today and the said detailed
report, should among other things, also include the following information:-
(a) Did the alleged incidents actually happen?
(b) If the answer of (a) above is in the affirmative why did the Police
have to resort to lathicharge on persons with disabilities?
(c) If the incidents happened as alleged, what is the number and nature
of casualties?
(d) In case the incidents did happen, is responsibility and
accountability being fixed for further appropriate action?
(e) Any other relevant information regarding the alleged incidents.
Yours sincerely,
Encls.: *As stated above*.
( S.S. Sinha )
Dy. Chief Commissioner
Copy to:
1. Secretary, Ministry of Home Affairs, Department of Home, North Block,
Central Secretariat, New Delhi - 110001
--
Warm regards,
Subhash Chandra Vashishth
Mobile: +91 (11) 9811125521
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