CHAPTER XII

 

LAW AND ORDER AND JUSTICE

 

(a) Incidence of Crime in the District

 

            Fatehgarh Sahib District was formed on 13 April 1992, by taking Fatehgarh Sahib Tahsil and Amloh Sub-Tahsil of Nabha  Tahsil from Patiala District, 64 villages from Ludhiana District and 29 villages from Rupnagar District. The tendencies of the crimes of the people of  Fatehgarh Sahib District are not much different from the people living in adjoining districts of Patiala, Ludhiana and Rupnagar districts. There were 265 different criminal cases registered in 1992-93  which rose to 626 in 2000-2001 in the district. There was no case registered of traffic in women and rioting during 1992-93 and 1996-97 to 2000-2001. The number of murders went up from 22 in 1992-93 to 34 in 2000-2001 . The local police played a vital role in keeping the activities of the criminals under check with the active cooperation of the public.

Trend of the various crimes committed in the district during 1992-93 and 1996-97 to 2000-2001 are given below:

 

Year

1992-93

1996-97

1997-98

1998-99

1999-2000

2000-2001

Murder

22

23

11

13

23

34

Dacoity

-

-

-

-

-

2

Burglary

25

15

17

36

34

39

Cattle lifting

-

-

-

2

1

-

Theft

36

43

38

51

51

56

Kidnapping

7

2

4

12

9

10

Traffic in women

-

-

-

-

-

-

Robbery

2

-

-

1

2

6

Riots

-

-

-

-

-

-

Culpable homicide

2

1

2

1

4

2

Counter fiet coining

-

-

1

-

-

-

Miscellaneous

171

269

259

395

422

477

(Source : Senior Superintendent of  Police, Fatehgarh Sahib)

 

 

 

The important categories of  crimes are described as under :

 

            Murder.-  Murder figures fluctuate depending upon the sudden out burst of violence. Some of the motives in the offence of murder in the district as elsewhere, include illicit  relations, domestic quarrels, blood feuds, land disputes, lure of property, personal enmity and party factions. The incidence of this type of crime is mainly confined to rural areas. However, pre-planned and pre-determined murders cannot be ruled out. There was a considerable fluctuation in the incidence of this crime in the district during 1992-93 and 1996-97 to 2000-2001, the minimum number of such cases being 11 in 1997-98 and maximum 34 in 2000-2001.

           

            Culpable Homicide.- The motive of this type of crime are identical as in case of murder, however, this crime is not premeditated and is committed  in a state of rage. It lacks the intention to kill. The number of  such cases were between 1 to 4 each year during 1992-93 and 1996-97 to 2000-2001.

 

            Dacoity.- Dacoity has become rare in the district. No case of dacoity was reported in the district during 1992-93 and 1996-97 to 1999-2000, and only  2 cases were reported in 2000-2001.

 

         Burglary.- It is an act of breaking into a house to commit theft or felony. Burglary is generally committed by some of the people who had exhausted the resources and have no means of livelihood.  This crime is very common both in rural and urban areas of the district. The incidence of burglary which showed downward trend during 1996-97 and 1997-98 started showing upward trend thereafter.

           

Theft.- The incidence of crime under this head though fluctuating, shows an increasing trend in the district after 1997-98. A large number of theft cases are usually of minor nature involving small amount of stolen property. There was  fluctuation in the incidence of this crime in the district the highest being 56 in 2000-2001 and the lowest 36 in 1992-93.

 

            Rioting.- Rioting is the use of violence by an unlawful assembly of people  which lead to arson and looting. Some times the family disputes about possession of land flare up from momentary provocation and   take   place   the   shape   of   riots  usually among the rural people.

Patrolling and other preventive measures adopted by the district police have eliminate it. No case of rioting was reported to the police in Fatehgarh Sahib District during 1992-93 and 1996-97 to 2000-2001.

 

            Traffic in Women.- Through sustained efforts of the police, the incidence of this crime has been completely eliminated. No case of trafficking in women was reported in the district during the year 1992-93 and 1996-97 to 2000-2001.

 

Kidnapping.- The reported cases of kidnapping in the district during 1992-93 and 1996-97 to 2000-2001 were isolated in character and not the work of any organized gang. Generally, personal enmity and extortion of money are the main reasons behind this crime . Some times, these cases, are the result of love affair and the women often being concerning parties. The number   of such cases varied from 2 to 12 from 1992-93 and 1996-97 to 2000-2001, the highest being 12 in 1998-99 and lowest 2 in 1996-97. The number of cases reported during 2000-2001 was 10.

The incidence of crimes of all kind brought to trial in Fatehgarh Sahib District, during the years 1992-93 and 1996-97 to 2000-2001 are  given below:

 

Year

Reported Cases

True Cases

1992-93

389

369

1996-97

614

587

1997-98

534

502

1998-99

753

715

1999-2000

796

757

2000-2001

846

807

(Source:- Senior Superintendent of Police, Fatehgarh Sahib)

 

 

Offences Under Local and Special Laws.-Under this category, the crimes includes cases of  public nuisance and those of under; The Punjab Excise Act, 1914; the Indian Arms Act, 1878 and 1959; the Essential Commodities Act,1955; and the Prevention of  Corruption Act,1947. There has been wide fluctuations in the number of crimes under this head during the years 1992-93 and 1996-97 to 2000-2001, the minimum number being 78 in 1992-93 and maximum 254 in 1999-2000.

 

The number of cases reported under these Acts are given below:

Year

Punjab Excise Act, 1914

NDPC Act

Indian Arms Act, 1878 And 1959

Essential Commodities Act,

1915

Prevention of Corruption Act,

1947

 

Explosive Act

Other Acts

Total

1992-93

49

2

14

3

-

-

3

78

1996-97

100

14

28

5

3

1

76

227

1997-98

94

14

21

3

-

-

90

222

1998-99

104

32

20

11

3

2

50

222

1999-2000

111

22

35

2

4

4

68

254

2000-2001

105

23

16

-

1

-

78

223

(Source:- Senior Superintendent of Police, Fatehgarh Sahib)

 

Incidence of Motor Vehicle Accidents.- Due to the rapid expansion of vehicular traffic on road during the last decade of the 20th century, incidence of road accidents in the Fatehgarh District have increased enormously. In 1992-93 there were only 74 road accidents which increased to 170 in 2000-2001. The number of persons killed in these accidents increased from 64 to 109 during the same period.

The number of road accidents, persons killed and persons injured in the Fatehgarh Sahib District during 1992-93 and 1996-97 to 2000-2001 are given below:

 

Year

Number of road accidents

Number of persons killed

Number of persons injured

1992-93

74

64

44

1996-97

112

81

103

1997-98

122

100

111

1998-99

160

100

112

1999-2000

177

107

107

2000-2001

170

109

117

(Source:- Senior Superintendent of Police, Fatehgarh Sahib)

Road Traffic. – Apart from Indian Motor Vehicle Act,1939, which has been replaced by the Motor Vehicle Act, 1988, traffic is also regulated by certain provisions of the Indian Penal Code, 1860, the Punjab Municipal Act, 1911, and the Municipal Bye-Laws; the Stage Carriage Act, 1861, the Police Act, 1888; the Prevention of Cruelty to Animals Act, 1890; the Punjab Motor Vehicles Act, 1925; and the Hackney Carriage Act,1879.

            The prosecutions launched in the Fatehgarh Sahib District under various Acts during 1992-93 and 1996-97 to 2000-2001 are given below:

 

Name of the   Act

1992-93

1996-97

1997-98

1998-99

1999-2000

2000-2001

Indian Panel Code

28

218

275

422

347

429

Municipal Act & Municipal Bye Laws

-

1

-

-

-

-

Stage Carriages Act

-

-

-

-

-

-

Police Act

-

-

-

-

-

-

Prevention of Cruelty to Animals Act

-

-

-

-

-

-

Punjab Motor Vehicles Taxation Act

-

-

-

-

-

-

Hackney Carriages Act

-

-

-

-

-

-

                            ( Source: Senior Superintendent of Police)

                                                                                               

(b) History and Organisation of Police

 

History of Police.-  Before Independence the area of present Fatehgarh Sahib District was the part of erstwhile Princely States of Patiala and Nabha. After Independence, in 1948, a new State Patiala and East Punjab State Union (PEPSU) was formed by merging all the princely states of this area. On 1 November 1956 the PEPSU was merged with Punjab and the police system of Punjab was introduced. In erstwhile Princely State of Patiala1, the Police administrtion was as : “The thana has always been the unit of  police administration in the State. But, formerly the thanedars possessed judicial powers also. They were mostly illiterate men and each had an amin under him to carry on clerical work and to act for him generally in his absence. Outlaying posts at the distance from a thana  were under Ziladars, who were selected from amongst the constables or Chamars  and chowkidars as they were then called. Till the reign of Maharaja Karam Singh, these thana  functionaries were under the direct order of the adalati in all police and judicial matters. Maharaja Narinder Singh divided the state into four districts and placed each under an officer called Naib-i-adalati. The thanedars were placed under the immediate control of these officers and as  the clerical work in thanas had by this time increased, an assistant clerk or madad marrir  was added to their establishment. In 1861,  the  office  of  Naib-i-adalat    was   abolished   and  that of nazim was created instead. At the same time, Tahsildars were given magisterial powers authorised  to pass sentences of imprisonment up to 3 years. The

1 Phulkian States (Patiala, Jind and Nabha)Gazetteer, 1904 pp 173-174

 

Nazims were made Sessions Judges and their courts for the decisions of appeals from the findings of the naib-nazims. In 1870,  Maharaja    Mohinder    Singh    found    that    judicial  work was interfering with the Tahsildars 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 to carry on that work. The officers as naib-nazim and the   hakim-I-adalati   sadar (commonly called the  adalati)  still continuing to be the chief of them all. This system remained in force till 1882”.

Two thana of the state were functioning in the present  area of Fatehgarh Sahib at Khamano and Sirhind or Fatehgarh Sahib. In erstwhile Nabha Princely State, they were, administered by Special Superintendent stationed at State Capital (Nabha). There was a Deputy Inspector at each thana, with sergeant dafadar (or madad muharir), a tracer,11 constables and 2 mounted men2.

In 1882, the Council of Regency organised the Police Department on the British model. District Superintendents of Police were appointed at salaries ranging from Rs 80 to Rs 100 a 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 modelled on the Code of Criminal Procedure and British Indian Criminal Law became the law of the state. The final step was the appointment in  Sambat 1942 of an Inspector General of Police with an adequate head quarters staff. All departmental powers, formerly vested in the magistrates and nazims were then transferred to the Inspector General and District Superintendents. Many improvements were carried out by Mr. J.P. Warburton, who was appointed Inspector General of Police by late Maharaja Rajinder Singh.

Organization of District Police.- With the formation of Fatehgarh Sahib as a separate district, a Senior Superintendent of Police was posted at Fatehgarh Sahib in 1992. The Senior Superintendent of Police of a district as per the Police Rules, 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. The Senior Superintendent of Police is accountable to the Deputy Inspector General of Police 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.  The  Senior  Superintendent  of Police, Fatehgarh

2 Ibid., p 379

Sahib, is working under the administrative control of Director General, Police, Punjab through Deputy Inspector General of Police, Patiala Range in whose jurisdiction the Fatehgarh Sahib District falls. As on 31 March 2001, he was assisted by 3 Superintendents of Police, 5 Deputy Superintendents of Police, 8 Inspectors, 21 Sub Inspectors, 70 Assistant Sub Inspectors, 169 Head Constables and 361 Constables.

A number of staff agencies such as crime bureau, special branch and social investigation agencies, etc. converge with the office of the Senior Superintendent of Police who in turn operates through a police station, special squads, traffic police and reserve police etc.

The smallest unit of the police administration in the district is the Police Station serving a number of villages or a town or part of a town. It is in the charge of a Sub Inspector and in some cases an Inspector. On 31 March 2001, there were 6 Police Stations and 7 Police Posts in the Fatehgarh Sahib District. The location of various police stations and police posts (Tahsil-wise) in the district is  given below:

Police Stations                                      Police Posts                                                      

Tahsil Fatehgarh Sahib                     

1 Sirhind                                               1 Sirhind Mandi

                                                            2 Khera at Nabipur                                                                              3 Fatehgarh Sahib

                                                            4 Peerjain

2 Mullepur

Tahsil Amloh

1 Amloh

2 Mandi Gobindgarh

Tahsil Bassi Pathana

1 Bassi Pathana                                    1 City Bassi Pathana

                                                            2 Badali Ala Singh (Temp)

Tahsi­l Khamano

1 Khamano                                          1 Kheri Naud Singh (Temp)     

(Source: Senior Superintendent of  Police)

 

Civil Police.- The Civil Police is posted at the police stations/police posts. There were 6 police stations and 7 police posts in the district as on 31 March 2001. Each police station is under the charge of a police officer, known as Station House Officer, assisted by one or more Assistant Sub Inspector, a Head Constable, a Moharrir and a number of constables. It is the duty of  Station House Officer to ensure law and order in his area and to investigate offences occurring within his jurisdiction.

 

Vigilance Police.- The main functions  of the Vigilance Bureau are: to collect intelligence regarding corruption and corrupt public servants; to conduct enquiries into complaints of corruption against public servants; to assist the prosecution of cases against the defaulter public servants before the enquiry officer or in courts; to conduct raids to catch corrupt Government servants red-handed while accepting bribe; to submit information, data and reports to Government regarding corruption and corrupt Government servants; to suggest measures to check the scope of corruption in various departments and to keep watch on the progress of departmental proceedings on charge of corruption against public servants entrusted to other department. As on 31 March 2001 there was 1 vigilance unit namely Vigilance Bureau, Fatehgarh Sahib was functioning in the Fatehgarh Sahib District. This unit comprised 1 Deputy Superintendent of Police, 1 Inspector, 1 Stenotypist and 2 Constables.

 

 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 such as smuggling, distillation  of liquor, theft of taxes, etc. The strength of excise police in the Fatehgarh Sahib District under the scheme i.e. Excise Police Reserve Mobile Squad Staff and enforcement staff, was 1 Assistant Sub Inspector, 4 Head constables and 16 constables as on 31 March 2001.

 

Punjab Armed Police.- Prior to 1947, there was a temporary force called the Provincial Additional Police. It was largely manned by Muslims. At the time of partition, the East Punjab got a very small portion of Provincial Additional Police. Extensive recruitment had, therefore to be carried out immediately but it was restricted to ex-army personnel because trained men were needed at once. This rapid recruitment had its draw backs as a number of undesirable also crept into the force. They were, however, gradually weeded out. The Provincial Additional Police was rechristened   as the Provincial Armed Police and thereafter designated as Punjab Armed Police in 1961. The Armed Police is deployed on protection of important vulnerable points.  The personnel of Punjab Armed police are posted at strategic points, such as bridges, etc. for security purposes. The main functions/duties of the Punjab Armed Police are: to protect rail or road bridges; to provide security to the VIP’s of Senior Officers; to assist and protect the cash and staff of the Excise and Taxation Department at the check barriers, to protect power house grids and sub stations. The total strength of Punjab Armed Police in the district during 2000-2001 consisted of 6 Head Constables and 30 Constables.

 

Railway Police.- The Railway Police is not allotted to any district in particular but it is a part of separate State organization functioning under the Additional Director General Police, Government Railway Police, Punjab with headquarters at Patiala. 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 crime committed in trains and within railway premises.

            The main functions of the Railway Police are: to protect travellers from injury and loss to property; to maintain law and order at railway stations and trains. The Government Railway Police is organised to meet the special requirements of crime and  the maintenance of law and order on the railway systems. The Government Railway Police being part of Punjab Police has the same duties and powers as the District Police within respective jurisdiction. Beside this Government Railway Police make necessary security arrangements at Railway Stations in the area of District Fatehgarh Sahib at the time of Shaheedi Jor Mela and other important functions.

            There is a Railway Police Station located at Railway Station, Sirhind. Its jurisdiction extends to the railways within the jurisdiction of Fatehgarh Sahib District and upto Naya Nangal, Ludhiana side upto Sahnewal outer signal and Ambala side upto Sadhugarh.

 

The staff of this Railway Police Station consists of 1 Sub-Inspector, 2 Assistant Sub Inspectors, 7 Head Constables and 43 constables.

 

Village Police.- Chowkidar is the important part of village police. In areas of erstwhile Princely State of Patiala, the villagers paid their chowkidar in grains twice a year. In the initial years of the twentieth century, regulations on Punjab model had been drawn up as the pay of chowkidar was fixed at Rs 4 a month along with other things. Now the chowkidar is at the lowest rung of the police organization. He helps the village sarpanch in the maintenance of law and order. The chowkidars also report the birth and deaths to the police station fortnightly, gives information of crime, and keeps surveillance over of bad characters in the village. It is his duty to report the occurrence of any crime in the village to the concerned authorities. Besides, attendant watch and ward duty, chowkidar generally assist the police officer, during their visit to the village.

 

Punjab Home Guards.- Keeping in view the civil emergencies and appreciating the  need of time, a voluntary organization known as the Punjab Home Guards was started in 1960 in border districts and all important towns of the State. The aims of organization include the boosting up of the morale of the people by infusing in them a spirit of self confidence and self reliance to overcome different kinds of emergencies, both natural and man made. Now home guards assists the police force in the maintenance of law and order and other essential services during emergencies and providing relief in the event of natural calamities like food, fire, etc.

A Home Guard unit was started in the Fatehgarh Sahib District in 1992. The strength of staff in the Fatehgarh Sahib District as on 31 March 2001 consists of 1 District Commander, who is assisted by 1 Company Commander, 6 Platoon Commanders, 2 Havaldar Instructors beside other Class III and IV staff.          

 

(c) Jails and Lock Ups

 

There is a Sub Jail at Bassi Pathana in the Fatehgarh Sahib District. But this Jail is not functioning due to unsafe building. The staff working in this jail as on 31 March 2001 was 1 Head Warder, 4 Warder, and 1 Class IV.

 

(d) Organisation of Civil and Criminal Courts

 

  The Judicial Organisation in the Fatehgarh Sahib District comprise a District and Sessions Judge and an Additional District and Sessions Judge at the district headquarters. For criminal cases, Chief Judicial Magistrate and for civil cases a Civil Judge (Senior Division) Fatehgarh Sahib, function under the control and supervision of the District and Session Judge, Fatehgarh Sahib. At the district headquarters, the civil and criminal cases are dealt with by Additional Civil Judge (Senior Division) cum-Judicial Magistrate 1st Class. Similarly at sub division level, Civil Judge (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 sub divisional headquarters, whereas regarding criminal cases, separate police stations are allotted to different judicial officers who deal with the cases of those police stations, which fall under their jurisdiction.

 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 Judge(s) depending upon the quantum of work along with a Senior Subordinate Judge and a Chief Judicial Magistrate and also the requisite number of  Sub-Judges-cum-Judicial  Magistrates in the capacity  as Sub-Judges try cases of a civil nature, while criminal cases are instituted in the courts 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 trail 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 the Sub-Judges, Judicial Magistrates and cases under Land Acquisition Act, 1894 and some specific cases of civil nature under the original jurisdiction.          

 

Criminal Justice

            The Judicial Officer 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. He is vested with the powers of Judicial Magistrate Ist Class and is empowered to try juvenile offenders, issue of search warrants, to release imprisoned persons for failing to give security under section 106 Criminal  Procedure Code, orders police investigation into a cognisable 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 landholders, to issue search warrant for discovery of persons wrongfully confined, to record statements and confessions during police investigation, to recover penalty 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 provisions of Criminal Procedure Code and Civil Procedure Code and also which are specially invested in them by the Government.  Though Judicial Magistrates are empowered to hear criminal cases trial 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 the Criminal Procedure Code are being tried by the Executive Magistrate who are still under the control and supervision of District Magistrates.

 

Civil Justice

            As far as civil cases are concerned, the Civil Judge(Senior Division), Fatehgarh Sahib 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 certificates, etc.

             As on 31 March 2001, the District and Sessions Judge, Fatehgarh Sahib was assisted by 1 Additional District and Sessions Judge. 1 Civil Judge (Senior Division), 1 Chief Judicial Magistrate, 2 Additional Civil Judges (Senior Division) and 1 Civil Judge (Junior Division)

           Number of cases tried by the Civil Courts in the Fatehgarh Sahib during the years 1992-93 and 1996-97 to 2000-2001 is given below:

 

Year

Cases pending from the previous year

Instituted during the year

Total for disposal

Disposed during the year

Balance at the close of the year

1992-93

2,235

1,807

4,042

1,362

2,680

1996-97

5,243

2,855

8,148

3,485

4,663

1997-98

4,663

3,036

8,279

3,142

5,137

1998-99

5,137

2,905

8,042

3,002

5,040

1999-2000

5,040

4,056

9,196

2,785

6,311

2000-2001

6,311

3,843

10,154

3,732

6,422

                                 (Source: District and Sessions Judge, Fatehgarh Sahib )

             Prosecuting Agency.- 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 agency is divided into two wings, namely; District Prosecuting Agency and the Legal Advisory Agency. The head of Prosecuting Agency in the district is the District Attorney, who is assisted by Deputy District Attorney and Assistant District Attorneys Grade I and II, who have been appointed as Additional Public Prosecutors and Assistant Public Prosecutors, respectively under the code of criminal procedures and are also appointed as Government pleaders under its code of civil procedure. Thus, the District Attorney with the assistance of Assistant District Attorney Grade I and Assistant District Attorney Grade II conducts criminal and civil cases of the state and its officers in the various courts in the district. The District Attorney works in the court of Sessions Judge, the Assistant District Attorneys 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 Magistrate and other heads of officers in the district on matters involving legal points. The District Magistrate in the district supervises and controls the functioning of the Prosecuting Agency.

            With the abolition of the posts of Prosecuting Deputy Superintendents of Police, Prosecuting Inspectors and Prosecuting Sub-Inspectors, the Police Department was left with no law officers who could guide them in legal matters. The District Attorney (Legal) is posted  in the Police Department to render legal advice to the Senior Superintendent of Police and other police officers in the district. The Assistant District Attorney (Legal), in charge of Legal Advisory Agency is on the cadre strength of the Directorate of Prosecution and Litigation Punjab, but is posted in the Police Department under the direct control of the Senior Superintendent of Police. The Assistant District Attorney in the Legal Advisory Agency is liable to be shifted to the prosecuting Agency after two or three years and vice versa.

             The District Attorney Fatehgarh Sahib, as incharge of the Prosecution Agency, is assisted by 1 Deputy District Attorney and 4 Assistant District Attorneys, besides allied Class III and Class IV staff at the district headquarters. 

 

Gram Panchayat Courts.-In addition to the developmental functions, the gram panchayats have also been assigned judicial powers, civil, revenue and judicial, under the various enactments so that the villagers may get natural justice at minimum cost within the shortest possible period in the village, itself. A Gram Panchayat is deemed to be criminal court when trying criminal cases. Under the Act, a Gram Panchayat is competent to take cognizance suo moto of cases falling under Sections 160, 228, 264, 277, 289, 290, 294, 510 of the  Indian Penal Code ,1860 and under Sections 3 and 4 of the Punjab  Juvenile Smoking Act, 1918.

            Under section 56 of the Punjab Panchayati Raj Act, 1994, the jurisdiction of Gram Panchayat, to try the suits, mentioned as under:

           

(a)    suits for the recovery of moveable property or the value of such property,

(b)   suits for money or goods due on contracts or price thereof;

(c)    suits for  compensation for wrongfully taking or injuring  moveable  property; and

(d)   suits mentioned in clause (j), (k), (i) and (n) of  sub-section(3) of section 77of the Punjab Tenancy Act, 1887, or any other law for the time being in force.

 

(e) Bar Associations

 

Bar Associations look after the interest of their members and render useful service to the cause of legal profession. Their main objective is to uphold the dignity of the legal profession besides, promoting harmony between the Bench and the Bar. Bar associations also endeavour to help courts in the administration of justice and inculcate a sense of respect for law and order in the public mind.

As on 31 March 2001, two Bar Associations one each at Fatehgarh Sahib and Amloh were functioning in the District. The Bar Associations, Fatehgarh Sahib was constituted in the year 1995 The membership of Fatehgarh Sahib Bar Association and Amloh Bar Association as on 31 March 2001 was 170 and 28, respectively .

 

 

Contents          Next             Back