Summon from Delhi Mahila Ayog
himanshu harbola
(Querist) 05 July 2011
This query is : Resolved
Mr. X got a summon from Delhi Mahila Ayog (Delhi Womens Commission ) for personal apperance in a forge complaint against Mr. X by daughtera of his elder brother for Harassment.
The commission has forwarded the summon vide its powers under the provisions of Delhi Commission for womens Act , 1994 ( Section 10 ) and it is also stated that failure to comply with the order without lawful excuse . he will be subject to the consequences of non-attendance laid down in the C.P.C.
1) Is personal apperance mandatory in such proceedings?
2) Is it a judical proceedings?
3) Can Mr. X submits a written reply that this complaint is frivolous and vexed ?
4) what should be approriate legal remedy..how should Mr. X respond...can he appoint an advocate for this ?
prabhakar singh
(Expert) 05 July 2011
Section10(iii) of Delhi Commission for womens Act , 1994 reads as under.......
The Commission shall while investigating any matter referred to in clause (a) or sub-clause (i) of clause (f) of sub-section (i), have all the powers of a Civil Court trying suit and in particular, in respect of the following matters, namely: -
(a). summoning and enforcing the attendance of any person from any part of India and examine him on oath;
(b). requiring the discovery and production of any document;
(c). receiving evidence on affidavits;
(d). requisitioning any public record or copy thereof from any court or office;
(e). issuing Commissions for the examination of witnesses and documents; and
(f). any other matter which may be prescribed.
Now answers.......
1) Is personal apperance mandatory in such proceedings?
No,as the proceedings are of civil nature.
2) Is it a judical proceedings?
Yes!since powers confirmed upon it are that of a civil court.At least they are semi.
3) Can Mr. X submits a written reply that this complaint is frivolous and vexed ?
Yes.
4) what should be approriate legal remedy..how should Mr. X respond...can he appoint an advocate for this ?
Appoint an advocate for ,brief him with facts,get a written suitable reply drafted and filed.
