AI Structured Summary
Not yet generated for this judgment
Judgment
Sudhanshu Dhulia, J.
The petitioner before this Court is a Station Officer, Police Station Sahaspur, District Dehradun. Regarding an incident which occurred on 02.02.2018, a first information report has been lodged by the public servant relating to offences under Sections 147, 148, 332, 353, 504 and 506 of IPC, Sections 2 and 3 of the Prevention of Damage to Public Property Act, 1984 and under Section 7 of the Criminal Law (Amendment) Act, 2013 in which the husband of respondent no.5 was also implicated.
In this case, by now the Police after investigation has also filed the charge sheet inter alia against the husband of the respondent no.5. A supplementary charge sheet has also been filed, as stated by the petitioner.
The matter is before the court below and the law will take its own course. Nothing needs to be done as of that.
Meanwhile, respondent no.5 has moved an application before the Uttaranchal Commission for Minorities alleging harassment at the hands of the petitioner. The functions of Uttaranchal Commission for Minorities are given under Section 9 (1) of the Uttaranchal Commission for Minorities Act, 2002 which read as under:-
"9 (1) The Commission shall perform all or any of the following functions namely:-
(a) evaluate the progress of the development of minorities in Uttaranchal;
(b) monitor the working of the safeguards in respect of minorities provided in the Constitution and in laws enacted by the State Legislature;
(c) make recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Government;
(d) look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities.
(e) cause studies to be undertaken into problems arising out of any discrimination against minorities and recommend measures for their removal;
(f) conduct studies, research and analysis on the issues relating to socio-economic and educational development of minorities.
(g) suggest appropriate measures in respect of any minority to be undertaken by the Government;
(h) make periodical or special reports to the Government on any matter pertaining to minorities and in particular difficulties confronted by them; and
(i) any other matter which may be referred to it by the Government."
One of the functions of the Uttaranchal Commission for Minorities is to "look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities".
In view of this, though no interference can be called for in the matter. However, the Director General of Police, Uttarakhand is directed to consider the complaint of the respondent no.5 and if he finds it fit that the matter needs to be referred to the higher authority such as Police Complaint Authority, he may do that in accordance with law. The Director General of Police while taking the decision shall consider all reports which have been made so far in this case and the version of all other persons involved in the matter.
In view thereof, the writ petition stands disposed.