NALINI BHANOT Vs. COMMISSIONER OF POLICE

JUDGEMENT

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

(2.) Kamlesh Kumari and her husband inder Singh moved into the house No, 408/5 a. L. , Gali No. 29, Anand Parbat in 1974. They had three children, Saroj 13 years old girl, naresh 9 years old boy (now deceased) and suresh 7 years old boy. They were living in one room oo the ground floor of the said house which is a double storey. The other lady, Maya devi has also been living in another room of the said house on the ground floor with her husband and children. The husbands of both Kamlesh kumari and Maya Devi are truck drivers and they often, remain away from their-home. There is a dispute over the ownership of the house. In or about 1984, the old landlord, one Tajinder singh left the house and one Manohar Lal claims to be the new landlord. At present, one puran Chand and his two sons Shambu Dayal and Prakash Chand claim to have bought the said property from Manobar Lal and they have been illegally evicting all the tenants from the said premises. In their attempt they succeeded in evicting all the tenants except the two tenants named Kamlesh Kumari and Maya Devi. It is because of these illegal threats of eviction, kamlesh Kumari obtained an order of stay from the court against her forceful eviction and that said order is in force. Some time in October, 1987 the so-called landlords cut off the water and electricity supply to Kamlesh Kumaris room and the same has not been restored till this day. On 2/11/1987 the then S. H. O. of Anand Parbat Police Station, Lal Singh called for Kamlesh Kumari and told her to vacate the room. On 4/11/1987, the said S. H. O. again called for Kamlesh Kumari and when she arrived at the Police Station she found that the so-called landlords were already present there. In the presence of Shambu Dyal and others, lal Singh told Kamlesh Kumari to take some money and leave the room whereon Kamlesh kumari said that she should be given some time especially because her children are studying in schools. On 12/11/1987, the said s. H. O. once again called Kamlesh Kumari and this time he threatened to lock her up if she refused to vacate the room. On 13/11/1987, Kamlesh Kumari went to Tis Hazari court to consult her lawyer. On coming back she found her children missing and Maya Devi was standing outside, all her belongings thrown out. Maya Devi told Kamlesh Kumari that the Sub-Inspector of Police K. L. Nanda of anand Parbat Police Station had come and had taken away her children and had thrown away maya Devi from her room. Kamlesh Kumari immediately went to the Police Station and met the S. H. O. , Lal Singh and asked him about her children. The S. H. O. said that her children had been kept locked up and she would not be allowed to see her children unless she vacated the room. Kamlesh Kumari then went to is hazari court to see her lawyer. The lawyer phoned the Police Control room and rushed; back to Anand Parbat Police Station. With great difficulty the lawyer got the three children released from the Police Station.

(3.) On the same day, i. e. 13/11/1987, 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 examinedbut refused to take any action against the assailants.