CHAPTER XII
LAW AND ORDER AND JUSTICE
(a) Incidence of Crime in the District
Fatehgarh
Sahib District was formed on
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 |
|
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 |
- |
- |
- |
- |
- |
- |
|
|
- |
- |
- |
- |
- |
- |
|
Hackney Carriages Act |
- |
- |
- |
- |
- |
- |
( Source:
Senior Superintendent of Police)
(b) History and Organisation of Police
History of Police.- Before
1 Phulkian
States (
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
Two
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,
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
Police Stations Police Posts
1 Sirhind 1
Sirhind Mandi
2
Khera at Nabipur 3 Fatehgarh Sahib
4
Peerjain
2 Mullepur
1 Amloh
2 Mandi Gobindgarh
1 Bassi Pathana 1
City Bassi Pathana
2 Badali Ala Singh (Temp)
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
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
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
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.
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.
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.
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 .