SAHELI A WOMENS RESOURCES CENTRE Vs. COMMISSIONER OF POLICE DELHI POLICE HEADQUARTERS

JUDGEMENT

(1.) These writ petitions have been filed by the Women's and Civil Rights Organization known as SAHELI, a Women's Resources Centre on behalf of two Women Maya Devi and Kamlesh Kumari who have been residing in one room tenement each on the ground floor of house No. 408/ 5/ A L Gali No. 29, Anand Parbat and were severely beaten up by the alleged landlord in collusion with the S. H.O., Shri Lal Singh and the police of Anand Prabat Police Station. The facts of the case giving rise to these writ petitions are as follows :-

(2.) On the same day, i.e. November 13, 1987, after Kamlesh Kumari and her children had just taken their dinner, Shambu Dayal trespassed into her room and hit Kamlesh Kumari on the forehead with a brick. She rushed to the police station and reported the matter to the police. The police had her medically examined but refused to take any action against the assailants.

(3.) On November 14, 1987, Kamlesh Kumari was attacked by Shambu Dayal, his brother Prakash Chand accompanied by Lal Singh in civilian clothes and Sham Lal, Sub-Inspector in uniform accompanied by two others. They beat Kamlesh Kumari, tore her clothes and molested her. Her nine years old son clung to his mother to protect her when Lal Singh took him away and forcibly threw him on the floor. Lal Singh also asked Shambu Dayal to beat Naresh. Kamlesh Kumari was dragged away to the police station and a criminal case was imposed upon her of trespass. She was sent to Tihar Jail and her lawyer got her released on November 16, 1987. Kamlesh Kumari on her release came back and found that her child, Naresh was in a very bad condition. The children took shelter at a neighbour's house and the neighbours had got local doctors to look after Naresh. On the advice of the doctors, Naresh was admitted to Ram Manohar Lohia Hospital on Nov. 18, 1987. However, no medical legal case was registered. Kamlesh Kumari's lawyer tried to get a medical legal case registered. At last medical legal case was registered on Nov. 23, 1987 by the ACP, Patel Nagar at 11.30 p.m. In the FIR No. 143 / 87 the said ACP had written that she had said that no policeman had beaten her son although she had specifically named Lal Singh and others. On Nov. 26, 1987, Naresh died in hospital and an inquest was carried out. This news was published in the Hindi newspapers.