CHAPTER XII

 

LAW AND ORDER AND JUSTICE

 

(a)   Incidence of Crime in the District

 

A new district of Mansa with headquarters at Mansa was created on dated 13 April 1992. Formerly, it was a subdivision of Bathinda District.  The criminal tendencies of the inhabitants of Mansa District are almost the same to that of the people of adjoining districts of Bathinda and Sangrur and its proximity to Haryana State is perhaps one of the reasons for the people having criminal tendencies.  People generally carry lethal weapons and carrying of weapons is a status symbol for the rural masses of the district.  Many criminals escape to the bordering state making it difficult for the police to pursue them effectively.  Besides, the rich harvest, particularly of cotton is another reason for the rural people of the district to indulge in the criminal activities.

      Murder, burglary and theft were remained the predominant forms of crimes in the Mansa District during the period from 1992-93 to 1999-2000. Besides, the common crimes brought to the notice of police in the district were simple including kidnapping, robbery and culpable homicide. The crimes accompanied with violence were not common. On the whole, people are law- abiding.

                 The frequency of various crimes committed in the Mansa District during  the year 1992-93 to 1999-2000 is given below:

 

Year

Murder

Dacoity

Burglary

Theft

Robbery

Kidna-pping

Culpable Homicide

Miscell-

aneous

Total

Cognizable Crimes

1992-93

67

-

13

12

1

4

4

162

263

1993-94

26

1

19

15

-

5

-

147

213

1994-95

25

1

20

33

1

4

2

200

286

1995-96

30

-

21

29

-

2

1

219

302

1996-97

26

-

24

15

1

3

1

276

346

1997-98

21

-

38

37

-

2

-

282

380

1998-99

26

-

17

35

1

5

3

239

326

1999-2000

24

-

21

34

-

2

1

246

328

(Source: Senior Superintendent Of Police, Mansa)

 

 

216

             The important categories of crime are described as under:

 

               Murder.- Murder is one of the most heinous form of crimes.  Generally it is result of sudden out burst of anger.  The motive for murder include land disputes, water disputes, personal enmity, illicit sexual relations, lure of property, domestic quarrels, etc. However, preplanned and predetermined murders cannot be ruled out. The district is predominantly inhabited by rural people who are exceptionally revengeful by nature and among whom the tradition of long lasting vendetta is very strong.  The statistics are slippery and fluctuating.  The murder cases in the district during 1992-93 was 67 (being the highest) as against 24 in 1999-2000.  The maximum number of culpable homicide was 4 in 1992-93 and no case was reported during the years 1993-94 and 1997-98.

 

               Dacoity.- There has been no case of dacoity in the Mansa District from 1995-96 to 1999-2000.  Only one case has been reported during the each year of 1993-94 and 1994-95.  The menace of dacoity has, therefore, become a tale of the past.

 

               Robbery.- Robbery is special aggravated form of either theft or extortion.  There has been no case of robbery or only one case of robbery in a year has been reported in the district during 1992-93 to 1999-2000.  Generally, the situation remained under control.

 

               Burglary.- Burglary means an act of breaking into  a house to commit theft or other felony.  Burglars are usually active during the summer nights when people sleep outside in the open.  Some times, this sort of crime was committed in the district by criminals from the adjoining areas who after committing the burglaries again took shelter in their native villages.  The crime is common in both rural and urban area of the district. There was much fluctuation in the incidence of this crime, the minimum being 13 in 1992-93 and maximum being 38 in 1997-98.  The number of cases reported during the year 1999-2000 was 21.

 

              Theft.- The incidence of theft has witnessed an upward trend in the district.  Usually most of the cases of theft are reported from urban areas as compared to rural areas.  The number of such cases varied from 12 to 37 from 1992-93 to 1999-2000, the highest being 37 in 1997-98 and lowest 12 in 1992-93.

 

               Kidnapping.- Personal enmity and extortion of money are the main reasons behind this crime.  Only 2 to 5 cases of kidnapping in a year have been reported in the district for the last so many years.  During 1999-2000, only 2 cases of this crime were reported.

             The incidence of crimes of all kinds brought to trial in Mansa District, during the years 1992-93 to 1999-2000 are given below:

Year                                          Reported cases              True cases

_______________________________________________________________
1992-93                                              263                            256

1993-94                                              213                            205

1994-95                                              286                            280

1995-96                                              302                            294

1996-97                                              346                            339

1997-98                                              380                            372

1998-99                                              326                            317

1999-2000                                          328                            312

                                                  (Source: Senior Superintendent of Police, Mansa)

 

             Offences under Local and Special Laws.- The crimes under this head include cases of public nuisance and those of under the Public Gambling Act, 1867; the Opium Act, 1878; the Indian Arms Act, 1878 and 1959; the Punjab Excise Act, 1914; the Prevention of Corruption Act, 1947 and the Essential Commodities Act, 1955. There has been a phenomenal rise in the crimes under these heads.  The minimum number of cases reported were 507 during 1992-93 and maximum being 863 during 1999-2000.  The number of cases reported under these Acts are given below:

 

Name of the Act

1992-93

1993-94

1994-95

1995-96

1996-97

1997-98

1998-99

1999-2000

Public Gambling Act, 1867

23

  44

37

24

42

53

145

145

Opium Act, 1878

94

118

60

75

 109

87

178

177

Arms Act,1878 and 1959

45

  39

39

12

20

15

 16

 10

Punjab Excise

Act, 1914

 333

447

 492

 403

 505

 388

497

523

Presentation of Co- rruption Act, 1947

11

   7

13

3

1

3

  6

-

Essential Comm -odities Act 1955

1

   8

5

9

2

5

  5

-

Others

-

  1

1

10

1

1

  1

  8

Total

 507

664

 647

 536

 680

 552

848

863

(Source: Senior Superintendent of Police, Mansa)

                   Incidence of Motor Vehicle Accidents.- With the increase of

vehicular traffic on roads incidence of road accidents in the district has been on the increase.  In 1992-93 there were 12 road accidents as compared to 53 in 1995-96.  The number of road accidents during 1999-2000 were 30 in which 34 persons were killed and 14 were injured.

             The number of road accidents, persons killed and persons injured in the Mansa District, during 1992-93 to 1999-2000 are given below:

Year                  Number of road                       Number of persons         Number of persons

                           accidents                                        killed                                   injured

1992-93                12                                          4                                    7

1993-94                23                                        15                                  14

1994-95                34                                        22                                  30

1995-96                53                                        32                                  46

1996-97                47                                        19                                  52

1997-98                48                                        38                                  34

1998-99                47                                        34                                  31

1999-2000             30                                        34                                  14

                                                    (Source: Senior Superintendent of Police, Mansa)

 

            Road Traffic.- Besides, the Indian Motor Vehicles Act, 1939 which has been repealed and replaced by the Motor Vehicle Act, 1988, the prosecutions are launched to regulate the road traffic under the Indian Penal Code; the Punjab Municipal Act, 1911 and the Municipal Bye-laws; the Stage Carriage Act, 1861; the Hackney  Carriage Act, 1879; the Police Act, 1888; the Prevention of Cruelty to Animals Act, 1890; and the Punjab Motor Vehicles Taxation Act, 1924 and its latest amendment in 1993 to regulate the road traffic.

            No prosecution has been launched in any above mentioned Acts except Indian Penal Code in the District during 1992-93 to 1999-2000.  The prosecutions launched under Indian Penal Code in Mansa District are given below:

Year                                                          Prosecutions launched

____________________________________________________________________

1992-93                                                                                                                                             241

1993-94                                                                                                                                             198

1994-95                                                                                                                                             270

1995-96                                                                                                                                             283

1996-97                                                                                                                                             342

1997-98                                                                                                                                             358

1998-99                                                                       303

1999-2000                                                                                                                                     372

_______________________________________________________________

                                           (Source: Senior Superintendent of Police, Mansa)

 

(b)   History and Organization of Police

 

            History of Police.- A new district of Mansa  with its headquarters at Mansa was created in 1992.  Formerly it was subdivision of Bathinda District.   Bathinda alongwith Mansa area was seized by Maharaja Ala Singh in about 1754. Accordingly most of the areas of the present Mansa District was part of the erstwhile Princely State of Patiala. Hence, there was the same police system prevalent as it was in the then Patiala State, the salient features of which are described below:

            The thana was a unit of police administration in the State, but formerly the thanedars possessed judicial powers also.  They were mostly illiterate men and each had amin under him to carry on clerical work, and to act for him generally in his absence.  Outlying posts, at a distance form thana were under silladars who were selected from amongst the constables or chomars and chowkidars as they were then called.  Till the reign of Maharaja Karam Singh, these thana functionaries were under the direct orders of the Adalati in all police and judicial matters.  As the clerical work in thana had increased, an assistant clerk or madad mahrrir was added to their establishment.  In 1861, the office of naib-i -adalat was abolished and that of Nazim created instead.  At the same time Tahsildars were given magisterial powers authorizing them to pass sentences of imprisonment up to three years.  The Nazims were made Sessions Judges and their courts were made appellate courts for the decision of appeals from the findings of the Naib-Nazims. In 1870 Maharaja Mohinder Singh found that judicial work was interfering with the Tahsildar’s legitimate duties connected with revenue and finance and he appointed separate officers as Naib-Nazims to carry on that work.  The thana functionaries were then placed under Naib-Nazims, the Nazims and hakim-I-adalati sadar (commonly called the adalati) still continuing to be the chief of them all. This system remained in force till 1882.

            In 1882 the Council of Regency organized the Police Department on the British  model.  The District Superintendents of Police were appointed at salaries ranging from Rs 80 to Rs 100 per month.  The munshis and sepoys were  called sergeants and constables, while Inspectors and Court Inspectors were appointed in every district.  A police code was issued closely modeled on the code of Criminal Procedure and British Indian Criminal Law became the law of the State.  The final step was the appointment of an Inspector-General of Police with an adequate headquarters staff in 1886.  All departmental powers, formerly vested in the magistrates and Nazims were  then transferred to the Inspector General and the District Superintendent of Police.  As far the present Mansa District is concerned, Bhikhi, Sardulgarh and Boha were the thanas of the Patiala State.  A small force of mounted police had also been organized.  The  above mentioned  system of Police continued  till PEPSU was formed in 1948 with State headquarters at Patiala.  With the merger of PEPSU with Punjab in 1956, Bathinda District (At that time Mansa was the subdivision of Bathinda District) became part of the Punjab State and as a result it came under the Punjab police system.

            For the purpose of police administration, the Mansa District falls within the Faridkot Range, which is under the Deputy Inspector General of Police, Faridkot.  As most of the territory of the Mansa District is bordered by the State of Haryana, an efficient police system in the district had become all the more important.  Because of the geographical situation of the district utmost vigilance is required for checking the anti social elements.

            At the district level the Senior Superintendent of Police, Mansa is responsible for the administration of Police.  As per the Police Rules, the Senior Superintendent of Police of a district works under the general guidance and supervision of the Deputy Commissioner in so far as the maintenance of law and order in the district is concerned.  He is accountable in the performance of his duties, so far as management and discipline of the police force and prevention and control of crime in the district is concerned.   He is assisted by 2 Superintendents of Police, 4 Deputy Superintendents of Police, 9 Inspectors, 26 Sub-Inspectors, 59 Assistant Sub-Inspectors, 142 Head Constables and 560 Constables.

            The number of police stations in each tahsil/subdivision in the Mansa District, as on 31 March 2000 was as under:                                    

Tahsil/Subdivision                                                       Police Station

_______________________________________________________________

Mansa                                                                             City Mansa

                                                                                       Sadr Mansa

                                                                                       Bhikhi

                                                                                       Joga

Budhlada                                                                         Budhlada

                                                                                       Bareta

                                                                                       Boha

Sardulgarh                                                                       Sardulgarh

                                                                                       Jhunir

                                                                                       Jaurkian                   

                                                   (Source: Senior Superintendent of Police, Mansa)       

 

                Civil Police.- The civil police is utilized for duty at the police stations.  There are 10 police stations in the district.  Each police station is under the charge of a Station House Officer, who is entrusted with the task of maintaining peace and to investigate offences committed in the areas under the jurisdiction of his police station.  He is normally assisted by one or more Assistant Sub-Inspectors, a Head Constable, a Moharrir and a number of Constables.

 

                Railway Police.- It is a part of the State Organisation and works under the control of Inspector General, Government Railway Police, Punjab with headquarters at Patiala.  It is not allotted to any district in particular.  The circles of the railway police are formed according to the sections of the railway lines and they are connected with the prevention, detection and control of crimes in railway trains and within the railway premises.

                The main functions and duties of the Government Railway Police are: to protect travellers from injury and loss of property; to maintain law and order at railway stations and in trains; to attend the arrival and departure of passenger trains at stations and to render all possible assistance to passengers and railways officers; to bring to the notice of the proper authorities all offences under the Railway Act and breaches of bye-laws and all cases of fraud or oppression, on the part of railway subordinates; to keep platforms clear of idlers and beggars and to keep a watch over suspicious persons, smugglers and persons travelling with arms without a license; to search all empty carriages for property left behind by passengers; to control the hackney carriages plying for hire at railway stations and to enforce of the regulations of the railways authorities with regard to them.

                There are two railway police outposts one each located at Mansa and Budhlada in Mansa District.  These outposts are under the jurisdiction of Government Railway Police Station, Bathinda.  The staff posted in these out- posts as on March 2001 was 1 Sub-Inspector, 2 Head Constables and 14 Constables.

 

                Vigilance Police.- The main function of the vigilance police is to eradicate corruption from government institutions.  It investigates the complaints of corruption against government officials and also conducts inquiries into the criminal cases.  The corrupt officials are caught red handed and cases are registered against them.  As on 31 March 2000, only one unit of Vigilance Bureau comprising 1 Deputy Superintendent of Police, 1 Inspector and 3 Constables was functioning at the district headquarters.

 

                Punjab Home Guards.-  This is a paramilitary organization, which has been set up in the State to maintain security at the time of internal disturbances or any other external problems to maintain the law and order; to protect the canals, bridges  and other government buildings; to provide relief in the event of natural calamities like flood, fire, epidemic, etc.  Its functions also includes to guard railway lines and to perform trains escort duty.

                The office of the Punjab Home Guard, Mansa was set up on 13 April 1992.  It has three units which are functioning at Mansa.  The District  Commander, Punjab Home Guards, Mansa is head at  the district level who is assisted by 1 Platoon Commander, 4 Clerks besides other Class IV staff.*   The number of Home Guard volunteers working in Mansa District during 1999-2000 was 250.

 

                Excise Police.- The main functions of the excise police are to accompany the excise staff while conducting raids to check crime  relating to infringement of excise laws.  One Sub-Inspector of Police, 2 Havaldars and 12 Constables from the police cadre are posted with the Assistant Excise and Taxation Commissioner, Mansa.  They are treated on deputation from regular police force.

               

                Village Police.-  Prior to Independence some  functions of the police 

_______________________________________________________________

* The strength of staff relates to two units because the sanction of posts for the third unit has not been given yet.

at the village level were performed by Zaildars Sufaidposh and Chowkidar.  The institution of Chowkidar alone survives, all others were abolished in 1948.  The Chowkidar report  births and deaths to the Station House Officer of the area, who also give information of crime and  keep surveillance on bad characters residing in the village and reports their movements.  He also assists the Sarpanch in the maintenance of peace and security in the village and assists other public officers while on tour.

 

(c ) Jails and Lock-ups

    

                There is no District Jail (Sudhar Ghar) in the Mansa District.  Pre- viously, when Mansa was the subdivision of Bathinda District, there was a Sub-Jail (Up Sudhar Ghar) at Mansa which functioned upto 20 October 1984.  Thereafter the staff and prisoners of this  sub-jail were transferred to the Central Jail, Bathinda.  There are lock-ups attached to each police station in the district, which are controlled by the police department.

 

                Assistant Probation Officer, Mansa.- The Assistant Probation Officer, Mansa works under the administrative control of the District Probation Officer, Bathinda.  District Probation Officer, Bathinda works under the administrative control of Chief Probation Officer, Punjab, Chandigarh who supervises and controls the probation work of the entire State of Punjab under the overall administrative control of the Inspector General of Prisons, Punjab, Chandigarh.

                The Probation of Offenders Act is a reformative measure for the juvenile offenders (below the age of 21 years) and for first time offenders, irrespective of their age to save them from the confines of the jail.  The Act provides for the release of offenders on bail after entering into a bond with one surety for the amount considered sufficient and for a period upto three years, as desired by the court, keeping in view the degree of crime.  The Act does not cover these offenders who have committed an offence for which they can be sentenced to death or life imprisonment.  Whenever, a juvenile or first time offender is brought before the court with some charges for which the benefit of Probation of Offenders’ Act, 1958, can be given to the offender, and as soon as the challan is put up by the police in the court, the later asks for pre-sentence report from the Assistant or District Probation Officer, who enquires about the offender’s character, antecedents, socio-economic and environmental background  and other particulars which the court directs him to enquire.  Keeping in view the  intensity of the crime and the report submitted by him the offender is released on probation with or without supervision.

                Those offenders who are released on conditional supervision, are kept under the supervision of the Assistant or District Probation Officer who acts as a friend, philosopher and guide to all the probationers  He looks into their personal problems and tries to solve them.  He impresses upon the probationers through personal advice, persuation and warning the necessity for keeping good conduct during probation.  He also tries to improve the behavior, attitude, habits, character and morale of the probationers so that they may not revert to crime.  All this is done by arranging meetings with the probationers in their villages and in the office of the Assistant or District Probation Officer.  He makes enquiries about the character and behaviour of the probationer from respectable persons of the village like Sarpanch, members of  Panchayat and Lambardars, etc.

 

                The number of prisoners released on probation on various grounds, during the years 1992-93 to 1999-2000 is given below:

 

Year

Under Supervision

Without Supervision

Under Section 3 of Probation of  Offenders Act after admonition

Special

Investigation

1992-93

  7

162

-

-

1993-94

19

132

-

-

1994-95

  7

  90

-

-

1995-96

  1

  90

-

-

1996-97

  8

125

-

-

1997-98

15

  55

-

-

1998-99

  9

103

-

-

1999-2000

17

  96

-

-

                                                     (Source: Assistant Probation Officer, Mansa)

 

(d)   Organization of Civil and Criminal Courts

 

                The judicial organization in the Mansa District consists of a District and Sessions Judge at Bathinda*, and two Additional District and Sessions Judge at the district headquarters.  For criminal cases, a Chief Judicial Magistrate and for civil cases a Civil Judge (Senior Division), functions under the control and supervision of the District and Sessions Judge at Bathinda. At the district headquarters, the civil and criminal  cases are dealt with by Additional Civil Judge (Senior Division) cum-Judicial Magistrate Ist Class. Similarly a subdivision level Civil Judges (Junior Division)-cum-Judicial Magistrate dispose of civil and criminal cases   under the control of the District

 and Sessions, Judge.  The civil cases are instituted direct in the courts at the subdivisional headquarters, whereas regarding criminal cases, separate police stations are allotted to different Judicial Officers who deal with the cases of these police stations, which fall under their jurisdiction. _______________________________________________________________

* Mansa falls in the Sessions Division, Bathinda as there is no separate     Sessions Division at Mansa

                Criminal and Civil Justice in the District.- Since the separation of the judiciary from the executive, the administration of justice both on the civil and criminal side is headed by a District and Sessions Judge, who is directly working under the High Court.  He is assisted by an appropriate number of Additional District and Session Judges depending upon the quantum of work along with a Civil Judge (Senior Division) and a Chief Judicial Magistrate and also the requisite number of Civil Judges-cum-Judicial Magistrates posted at different places in the district depending upon the exigencies of work.

                In accordance with the powers which have been vested with them the Civil Judge-cum-Judicial Magistrates in their capacity as Civil-Judges try cases of a civil nature, while criminal cases are dealt with in the capacity of Judicial Magistrate.  Criminal cases are instituted in the court by the police and the private complaints in accordance with the division of police stations.

                The powers which are exercised by District and Sessions Judges and Additional District and Sessions Judges are the same and include the trial of serious offences under Indian Penal Code viz. murder, culpable homicide not amounting to murder, attempt to murder, rape, etc., the appeals against the orders of Civil Judges, Judicial Magistrates and cases under Land Acquisition Act, 1894 and some specific cases of civil nature under their original jurisdiction.

 

Criminal Justice

 

                The Judicial Officers have both civil and criminal jurisdiction.  The same judicial officer functions as a civil court when adjudicating upon civil matters and as a criminal court while deciding criminal cases.  The work in the lower courts is supervised by the Chief Judicial Magistrate, who deals with all types of cases, which are not tribal by the Sessions Judges except security cases.  He is vested with the powers of Judicial Magistrate Ist Class and is empowered to try juvenile offenders, issue of search warrants, to released imprisoned persons for failing to give security under Section 106 Cr.P.C., orders police investigation into a cognizable cases entertain cases without complaints, transfer cases to a subordinate Magistrate and to report a case to the High Court, etc.

                All Judicial Magistrates try cases under the Indian Penal Code, 1860 as per Schedule mentioned therein, Punjab Excise Act, 1914, Essential Commodities Act, 1955 and other Special Acts relating to their police stations.  They have the powers to direct warrant to land-holders, to issue search warrant for discovery of persons wrongfully confined, to record statements and confessions during police investigation, to recover penality on forfeited bond to order released convicts to notify residence, etc.  All criminals apprehended by the police are required to be produced before the Judicial Magistrate in whose jurisdiction the Crime may have been committed within 24 hours of their arrest.  

                The District and Sessions Judge, Additional District and Session Judges, Civil Judge (Senior Division)-cum-Judicial Magistrate, Additional Civil Judge (Senior Division)-cum-Judicial  Magistrate1st class and civil judges ( Junior division) cum Judicial Magistrate exercise the powers which are granted under the various provision s of Cr.P.C. and Civil Procedure Code and also which are specially invested in them by the Government.  Though Judicial Magistrates are empowered to hear criminal cases tribal by them, which are instituted within the entire district where they are posted, yet for facilitating the work and avoiding confusion, separate police stations are allotted to specific officers.

                Consequent upon the separation of judiciary from the executive cases of security in keeping peace and security for good behaviour under Criminal Procedure Code are being tried by the Executive Magistrates who are still under the control and supervision of District Magistrates.

                The number of cases tried by Criminal Courts in the Mansa District, during 1992-93 to 1999-2000 are given below:

Year

Cases brought forward previous year

Cases reported during the year

Cases admitted

Cases tried

Cases convicted

Cases untraced

Balance

1992-93

1,323

1,463

1,463

1,463

295

5

1,163

1993-94

1,163

1,301

1,301

1,301

271

3

1,027

1994-95

1,027

1,380

1,380

1,380

259

4

1,117

1995-96

1,358

2,203

2,203

2,203

440

5

1,758

1996-97

1,758

2,082

2,082

2,082

463

2

1,617

1997-98

1,617

2,657

2,657

2,657

741

7

1,909

1998-99

1,909

3,436

3,436

3,436

1,024

8

2,404

1999-2000

2,382

2,110

2,752

1,951

609

26

2,541

                                                             (Source: Chief Judicial Magistrate, Mansa)

 

Civil Justice

 

                As far as civil cases are concerned, the Civil Judge (Senior Division), Mansa hears cases of rents, succession certificate, insolvency cases, guardianship cases and appellate work upto certain limit.  The pecuniary cases are instituted in his court and are distributed by him amongst, the Civil Judges posted in the district, who have been vested with the powers of unlimited jurisdiction of civil nature in their areas including rent cases, succession certificate, etc.

                Mansa falls in the Sessions Division, Bathinda as there is no separate Sessions Division at Mansa. As on 31 March 2000, the District and Sessions Judge, Bathinda was assisted by two Additional District and Sessions Judges, one Civil Judge (Senior Division)-cum-Chief Judicial Magistrate, one Additional Civil Judge (Senior Division)-cum-Judicial Magistrate Ist Class and three Civil Judges (Junior Division)-cum-Judicial Magistrates Ist Class.

                The number of cases tried by the Civil Courts in the Mansa District during the years 1992-93 to 1999-2000 are given below:

 

Year

Cases brought forward from previous year

Cases reported during the year

Cases admitted

Cases tried

Cases convicted

Cases un-traced

Balance

1992-93

1,123

1,425

1,425

1,425

258

4

1,163

1993-94

1,163

1,460

1,460

1,460

430

3

1,027

1994-95

1,027

1,472

1,472

1,472

349

6

1,117

1995-96

1,551

2,240

2,240

2,240

618

4

1,618

1996-97

1,915

2,477

2,477

2,477

713

5

1,750

1997-98

1,759

2,436

2,436

2,436

944

6

1,486

1998-99

1,486

3,275

3,275

3,275

  1,204

6

2,065

 1999-2000

2,895

2,773

3,692

2,405

-

-

3,263

                                                                                        (Source: Judicial Magistrate, Mansa)

 

                Prosecuting Agency.- Previously the government cases in the Civil Courts and in the Sessions’ Court were represented by District Attorney and Assistant District Attorney who were controlled by the Legal Remembrance .  They were assisted by Public Prosecutors appointed by the Government from     amongst the members of the Bar.  The Prosecuting Agency conducted the criminal cases for the  State in the courts of the Magistrates.

                But the Prosecuting Agency was separated from the Police Department with effect from 1 April 1974.  The posts of Prosecuting Deputy Superintendents of Police, Prosecuting Inspectors and Prosecuting  Sub-Inspectors in the Police Department were abolished and Directorate of Prosecution and Litigation was set-up in the State under the administrative control of the State Home Department.

                In the district, the Prosecuting  Agency is divided in two wings, namely, District Prosecuting Agency, and Legal Advisory Agency.  The head of Prosecuting  Agency in the district is the District Attorney who is assisted by Assistant District Attorneys and Assistant District Attorneys Grade-II, who have been appointed as Additional Public Prosecutors and Assistant Public Prosecutors, respectively under the Code of Criminal Procedure and are also appointed as Government Pleaders under the Code of Civil Procedure.  Thus, the District Attorney, with the assistance of Assistant District Attorneys Grade-I and Assistant District Attorneys Grade-II conducts criminal and civil cases of the State and its officers in the various courts in the district.  The District Attorney appears in the Courts of Sessions Judges, the Assistant District Attorney Grade-I works in the court of Additional Sessions Judge, whereas the Assistant District Attorneys Grade-II work as Assistant Public Prosecutors in the courts of the Magistrates.  They also advise the District Magistrates and other heads of offices in the district on matters involving legal points.  The District Magistrate in the district, supervises and controls the functioning of the Prosecuting Agency.

                The District Attorney, Mansa is in charge of the Prosecuting Agency in the district whose office was established in February 1995.  He is assisted by one Deputy District Attorney, 3 Assistant District Attorneys besides miscellaneous Class III and IV staff.

                The total number of criminal and civil cases instituted by the Prosecuting  Agency in the Mansa District, during the years 1995 to 2000 is given below:

Year

             Number of cases instituted in the courts

                                                              Criminal                                    Civil

 

 

1995*

644

219

1996

846

151

1997

1,200

162

1998

2,369

186

1999

294

161

2000

754

144

                                              (Source: Director, Prosecution and Litigation, Punjab)

 

*  These figures relate to February 1995 to 31 December 1995

 

             Previously, the Prosecution and Litigation Department, Punjab also provided free legal aid to the poor persons as defined in the Punjab State Grant of Free Legal Service and Advice to the Poor Rules, 1977.  For this purpose, Legal Aid Bureau was set up throughout the State.  But it was in the year 1990 ( on 6 December 1990 to be precise) that the Punjab State Legal Service Board came into existence in the form of the Punjab State Grant of Free Legal Service to the poor Rules, 1990.  It was in March 1991 that the Directorate of Legal Services created by that legislation took a few initial steps. The main features of the scheme are to provide free legal services to all eligible persons including those belonging to Scheduled Castes, Backward Classes and economically weaker sections of the society; to organize Lok Adalats in the State of Punjab in order to provide cheap conciliatory and expeditious, workshops, para legal literacy camps and conferences for creating  awareness in the public of the aims of legal service programmes.

 

             Each District Level Legal Service Committee is headed by the District and Sessions Judge (as Chairman, with the Deputy Commissioner as proposed Co-Chairman) having official and non-official members.  Similarly, the Chairman of the Subdivisional Level Committee is the Additional Senior Sub-Judge or Sub-Judge Ist Class (whoever is posted there).  This Committee again has mixed official and non-official members with Sub Divisional Magistrate as the Co-Chairman.

 

             The Director Legal Services, Punjab is in turn assisted by two officers of the Superior Judicial Service (i.e. of the rank of Additional District and Sessions Judge) with the technical designation of Member Secretary District Level Committees (their headquarters being at Patiala, Chandigarh and Jalandhar) who are also being re-designated as Additional Directors Legal Services.  Each of these officers is in charge of 6 Sessions Divisions or Districts of the State to co-ordinate various Legal Aid Programmes.  The field staff consists of an Assistant District Attorney-cum-Assistant Public Prosecutor-cum-Law Officer, technically designated as Member Secretary  Subdivisional level Legal Service Committee and commonly known as ADA (Legal Aid).  This Law Officer is posted at each of the 17 district headquarters to implement the various programmes including providing of legal aid/advice to poor, managing Mediation Centres (Raazinaamas Kendra) organizing para legal literacy camps/seminars/conferences at the District and Subdivisional level (in urban as well as rural areas).  These officers are stationed at the district headquarters and each of them visits subdivisional headquarters once a week according to a fixed schedule.

 

Lok Adalats

 

             The other main object of framing the said Rules of 1990 is to organize Lok Adalats to secure that the operation of the legal system promotes cheap, conciliatory and speedy justice on the basis of equal opportunity.  The main purpose of Lok Adalats is to decide the pending court cases by way of compromise and amicable settlement so that financial resources and time of the litigants may be saved while their mutual enmities be reduced.

             In this context, from 1 January 2000 to 31 December 2000, a total number of 52 applications were received in the Mansa District.  All of the 52 applicants were provided free legal aid.

 

             Gram Panchayat Courts.- Under the Punjab Gram Panchayats Act, 1952 (which has been replaced by Panchayati Raj Act 1994) certain civil, criminal and revenue powers are given to the panchayats.  Under the Act, the Panchayats have been empowered to dispose of petty cases of various categories.  The panchayats being elected bodies, however, do not generally consist of persons with an adequate knowledge of law.  The usual formalities of procedure are thus conspicuous by their absence in the trial cases by a panchayat.

             From 1992-93 onwards, no case under the above mentioned categories  was  reported to the panchayats in the Mansa District.

 

(e)   Bar Associations

 

             Bar associations have been formed at the district level to look after the interests of their members and render a useful service to the cause of the legal profession.  The main functions and objectives of the bar association is to help litigants to get justice and to maintain the dignity of the legal profession besides promoting harmony between the bench and the bar.  The association also helps the courts in the administration of justice and inculcate a sense of respect for law and order in the public mind.

             The Bar Association, Mansa, is  the oldest one which was formed in about 1929.  Its strength as on 31 March 2000 was 160 ( including 20 at Budhlada and 10 at Sardulgarh).

            

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