The Delhi Commission for Women (DCW) said today (14 September 2015) that it would issue arrest warrant against the person who fails to appear before it despite being summoned, an official statement said. It said it has power to issue arrest warrant.
The commission also said it had sought senior lawyer Indira Jaisingh’s opinion on the matter. Jaisingh opined that not only can the DCW issue arrest warrant but also attach the property of the person who fails to appear before it.
“It is shocking to note that all other State Women Commissions too possess the same powers but these are never used. The opinion given by Jaising in writing clarifies that the Commission has the authority to issue arrest warrants and property attachments against persons who fail to appear before the Commission on the summons issued to them,” the DCW statement added.
DCW chief Swati Maliwal also tweeted that the commission would now act in cases that are deemed fit for it in accordance with the authority given. “From now on, in cases deemed fit, DCW will issue arrest warrants and attach property of people who do not appear in DCW on DCW summons,” she tweeted.
It may be pointed out that DCW has been set up under the Delhi Commission for Women Act, 1994, which was passed by the Legislative Assembly of the National Capital Territory of Delhi, and which came into force on 5th May 1994. As per the provisions of Section 10(iii) of the said Act, DCW has certain powers of a civil court and the relevant extract of this Act is reproduced as under:
“(iii) 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.”
Thus, powers of DCW include “summoning and enforcing the attendance of any person from any part of India and examine him on oath”.
