Disabled Person Cannot Be Directed To Seek Relief Under Common Law Remedy: Karnataka High Court

The Karnataka High Court, Dharwad Bench has held that a disabled person who is raising a complaint under the Right of Persons with Disabilities Act, 2016 cannot be asked or directed to seek relief under the common law remedy.

A Single Bench of Justice S.R. Krishna Kumar said, “… it is a specific allegation of the petitioner that he is a visually disabled and the offence committed against him are attracted by 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. However, a perusal of the impugned endorsement at Annexure-B dated 19.10.2022 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.”

The Bench observed that the endorsement issued by the Police Inspector whereby the complaint of the petitioner was rejected deserves to be set aside and necessary directions are to be issued to the police.

Advocate Sachin C.Angadi represented the petitioner while HCGP Prashant V.Mogali represented the respondents.

In this case, the petitioner sought quashing of the endorsement at Annexure-B issued by the Police Inspector, CEN Police Station, Dharwad District, whereby the complaint submitted by the petitioner was rejected.

The High Court after hearing the arguments of the counsel directed, “Respondent No.2 is directed to register the FIR pursuant to the petitioner’s complaint at Annexure-A dated 15.09.2022 and proceed further in the matter bearing in mind the principles laid down by Hon’ble Apex Court in the case of XYZ Vs. State of Madhya Pradesh & Ors. reported in 2022 SAR Online (SC) 699 as expeditiously as possible.”

Accordingly, the Court allowed the petition and quashed the endorsement.

Cause Title- Basavanand Swamigalu v. State of Karnataka & Anr.

Click here to read/download the Order