The Kerala High Court has ruled 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.
The single-judge bench of Justice S R Krishna Kumar in this view quashed one police order stating that the only remedy available to the petitioner, a visually disabled man is to sue for defamation.
"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 petitioner has sought quashing of the impugned endorsement at Annexure-B dated 19.10.2022 issued by the Police Inspector whereby the complaint submitted by the petitioner was rejected.
"A perusal of the material on record, in particular Annexure-A dated 15.09.2022 will clearly indicate that apart from other offences said to have been committed against the petitioner-complainant, 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," the Court observed.
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(With input from news agency language)
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