Karnataka High Court Directs Police To Register Visually Challenged Person’s Complaint Under PwD Act Instead Of Consigning Him To Common Law Remedy.
The Karnataka High Court has passed a judgment on 16th February, 2023 held that a disabled person raising a complaint under provisions of the Right of Persons with Disabilities Act, cannot be directed to seek relief under common law remedy .This was in the case Basavanand Swamigalu And State of Karnataka (WP 100082/2023) and this is presided over by a single bench of Justice S R Krishna Kumar.
FACTS OF THE CASE:
This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India. The petitioner seeks quashing of the impugned endorsement at issued by the Police Inspector, CEN Police Station, Dharwad District, whereby the complaint dated 15.09.2022 submitted by the petitioner was rejected.
The petitioner complained that the offences committed against him attract Section 92 (Punishment for offences of atrocities) of the Right of Persons with Disabilities Act, 2016 and consequently necessary action is to be taken by the Police against the accused person. However, the police turned down the complaint saying that the only recourse available for the petitioner was to sue for defamation.
JUDGEMENT:
The court held that “he is a visually disabled and the offence committed against him are attractedby Section 92 of the Right of Persons with Disabilities Act, 2016 and consequently necessary action is to be taken by the respondent-Police against the accused person the impugned endorsement will indicate that the complaint of the petitioner has been rejected on the erroneous premise that only recourse available for the petitioner was to sue for defamation which is contrary to the averments made in the complaint, which go to show that the same constitute a cognizable offence.”
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JUDGEMENT REVIEWED BY PRATIKSHYA P. BEURA