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Mrs. Barkha Shukla Singh, Chairperson, DCW is acting without jurisdiction in my family matter for political gains.

Posted by Bharti SpeaksNo Comments

In 12 days from now Mrs. Barkha Shukla Singh, a congress woman, will retire as Chairperson, Delhi Commission for women (DCW) but how will she be remembered for her work in DCW can be gauged by the contents mentioned herein below.

Working of DCW is governed by and measured against the Delhi Commission for Women Act and the complaint handling policy (available at http://www.delhi.gov.in/wps/wcm/connect/lib_dcw/DCW/Home/Complaint+Handling+Policy).

As per the Act and the complaint handling policy, Mrs. Barkha Shukla Singh, Chairperson, DCW is acting wholly without jurisdiction for obvious reasons and hence malafide in my family matter.  Same she did in the matter in which she had summoned Dr. Kumar Vishwas and his wife and did enough to defame him and the family for no involvement of his. Newspapers like Dainik Jagran against which a defamation case is pending in Saket Courts and channels like Zee News against which also a defamation case is pending gave an undesirable and deliberate spin to this no news to becoming defamatory and insulting.
To apprise her of the above and wanting her to close the matter as guided by their own policy as the CAW cell, Sector 9, Dwarka has already seized it and already held two healthy sessions each of two hours between my wife and I, I sent Mrs. Barkha a letter on 03.06.2015 i.e. scheduled date for hearing at DCW but first she instructed her office not to accept it and then after a wait of 5 long hours my person succeeded to make the DAK at DCW accept it.
Once you go through the Act and the policy, you can easily observe the following violations in Case of Dr. Kumar Vishwas:
1. Subject matter of the complaint filed with DCW in which Dr. Kumar Vishwas and his wife were summoned did not fall in the subject matter jurisdiction of DCW but still it was pursued for two months only to inform finally to the Hon’ble High Court of Delhi that they have closed the matter. Later another spin was given by Mrs. Barkha Singh that they have forwarded the matter to police and not closed which was a blatant lie as this matter was already filed with police on 01.04.2015 wherein the lady had complained against four people by name for defaming her on Social Media by linking her name to Dr. Kumar Vishwas.
Here the cause of action was not against Kumar but it was against to her husband for threatening her that he will leave her if Kumar doesn’t come before media to clarify and against the four people who posted derogatory comments about her on Social Media.
2. Dr. Kumar was given a notice of mere 5 days and later of 1 day which is against the rule (VI) (g) (ii) wherein it is clearly stated that the time to be normallly given should be of 15 days.
3. Since the woman had already approached police before coming to DCW, Mrs. Barkha Singh should have inquired if she had approached other agencies for redressal of the issues and on coming to know that she had already approached police and mediation center the matter should not have been entertained as per rule (VI) (c) but not only Barkha ji entertained but did everything to defame Dr. Kumar.
4. Being a quasi judicial officer, DCW cant hold press conferences on the cases.
Similarly violations in my case are the following:
1. Rule (vi)(g)(ix) warrants the DCW to immediately close a case on coming to know that the complainant has a proceeding on same issue with police etc. Here DCW member Mrs. Sudha Tokas herself took my wife to DP HQ on 10.06.2015 in pursuance of which a complaint was filed with CAW cellon 11.06.2015.
2. Rule (vi)(g)(v) warrants the DCW to use 90 days period to resolve the issues between the parties but here on the very first day she must not have taken my wife to DP HQ. This was done solely for political scoring against AAP and defaming me to the hilt.
3. Holding press conferences cant be allowed by quasi-judicial officer and that too without hearing the other side. No attempt was made whatsoever to utilize the 90 days period to address the concerns of the complainant and save the family. On June 15, 20015 a press conf at her residence was arranged by her for my wife which was wholly illegal and also unbecoming of a chairperson as she refused to hear my mother. There are many instances in the PC when Barkha ji is seen tutoring my wife. Even till now no attempt has been made by Barkha ji to understand position of my mother, a senior citizen. Even today my wife was reported to have repeated what Barkha ji accused Dr. Kumar and I of being anti-social.
4. Barkha ji displayed her inhuman side possibly for political reasons by acting as above because the case involves two toddlers one of 4 yrs and second of 2 yrs.

Now the letter served upon Mrs. Barkha Shuka Singh:

 

Mrs. Barkha Shukla Singh

Hon’ble Chairperson
Delhi Commission for Women
New Delhi

Sub: complaint filed by my wife Mrs. Lipika Mitra

Dear Madam,

Today at 3 PM I was asked to appear before the commission in connection with the complaint filed by my wife Mrs. Lipika Mitra which I agreed to in spite of the following.

  1. As per rule (g) (ix) of complaint handing policy if the complainant has approached the police etc. then the matter should be immediately closed with suitable advice to the parties. In the instant case, as shown on the TV channels a person from DCW had taken my wife to meet Sh. Deepak Mishra, Honble Spl. CP(Law and Order) on June 10, 2015 itself and on 11.06.2015 a complaint was lodged with CAW cell at sector-9, Dwarka, New Delhi in which view DCW should have stopped all and any proceeding in this case after 11.06.2015 and all proceedings including press conferences held by you in this case are in violation of the rules mentioned in the complaint handling policy authored by no one by DCW.
  2. You failed to live up to the expectations of the chairperson, DCW by holding press conferences without hearing the other party. It seems that for you, politicization of the issues are dearer than the resolving issues to unite the family. After all every couple goes through such turbulent times at some or the other time in their relationships but the well-wishers (you are by designation a well-wisher to all such families) play a role to douse the flames and help to bring in order in the family but you did exactly opposite. You failed to realize that it involves two little children who don’t know what’s going on.
  3. On June 15, 2015 you did a press conference at your residence knowing fully well that my wife was in an agitated mind and whatever she will say would damage her reputation and that of the family as well but at the same time you did not allow my mother to enter into your house to allow her to meet my wife. That was a golden opportunity for you to help them meet and clear misunderstandings but you failed. Such misuse/abuse of DCW by you will not be forgotten and forgiven.

But yesterday you again did a press conference and in no unambiguous words you defamed me, Dr. Kumar Vishwas and our party AAP by using choicest of words and further said that you won’t do any counselling of such anti-social people in which view I have decided not to appear before the commission.

Kindly stop using the forum for political purposes and creating headlines. Had you really been interested in women welfare, you would not have entertained the complaint against Dr. Kumar Vishwas at the first place as the woman had already approached the police on 01.04.2015 and rather would have pursued with the police to prosecute those four named persons in her complaint to the police. Since the matter was already with police, you had no jurisdiction to entertain that matter and issue summons to Dr. Kumar Vishwas and his wife. On 01.06.2015, after your counsel admitted in the court that the matter against Dr. Vishwas was closed, you again misled the media by briefing that the matter has been forwarded to police and not closed when the matter was already with the police since 01.04.2015, much before she approached you on 30.04.2015.

Since my matter has also been with police since 11.06.2015, DCW has no jurisdiction over the case. Possibly now you will brief the media that you are referring the matter to police which will be a lie as big as it was in the case of Dr. Kumar Vishwas.

With folded hands I request you that kindly don’t do anything further to create further divide in my family. My wife doesn’t have any elder to be counseled by, may be you can counsel her to agree to meet a marriage counselor of her choice with me and sort out the differences at least in the interest of my two little children Somalika (Somnath+Lipika) and Somansh (Som’s Ansh) (coined by my wife).

Thanking you,

                                                                        With warm regards,

                                                                         (Somnath Bharti)

CC: Mrs. Sudha Tokas,
Member, DCW

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