CHAPTER XII

LAW AND ORDER AND JUSTICE

 

 

CONTENTS

F            

Incidence of Crime in the District

F            

History and Organization of Police

F            

Jails and Lock Ups

F            

Organization of Civil and Criminal Courts

F            

Bar Associations

 

 

(a) Incidence of Crime in the District

The Faridkot District was formed on 7 August 1972 and was carved out of the existing districts of Bathinda and Firozpur. Faridkot Tahsil of Bathinda District and Moga and Muktsar tahsils of Firozpur District were included in the newly formed district. The people of the Faridkot District have almost the same characterization as their counterparts in the adjoining districts of Firozpur, Ludhiana, Bathinda and Sangrur. In spite of the fact that the population of the district has increased considerably, the incidence of murder is on the decline. There were 110 murder cases in 1989 which came down to 62 such cases in 1993. The cases of dacoity varied between 7 in 1990 to 1 in 1993. There was no case of rioting in the district during 1989 to 1993. The incidence of crime also decreased under the Local and Special Laws 2,005 in 1989 to 1,194 in 1993. The total number of reported cases relating to various crimes in the district has also decreased from 2,938 in 1989 to 1,840 in 1993. A comparative study of incidence of crime reveals that on the whole people of the district are law abiding. During the year 1992-93, the law and order situation remained under control. The local police played a vital role in keeping the activities of the extremists under check with the active co-operation of the public. It has been successful in capturing a number of weapons/ammunition from them.

Trend of the various crimes committed in the district during 1989 to 1993 may be indicated from the following table: -


Number of reported cases relating to various crimes in Faridkot District during the years 1989 to 1993

Year

Murder

Attempt to commit murder

Culpable Homicide not amounting to murder

Injuries

Dacoity

Robbery

Burglary

Thefts

Rioting

Offencesv under local and special laws

Others

Total

1989

110

66

13

96

---

4

108

175

---

2,005

361

2,938

1990

207

128

12

90

7

11

81

175

---

1,468

323

2,502

1991

167

143

12

89

5

5

50

150

---

1,187

332

2,140

1992

92

178

7

133

1

6

63

99

---

1,109

304

1,992

1993

62

82

7

110

1

1

55

53

---

1,194

275

1,840

                                                                                     

  (Source: Senior Superintendent of Police, Faridkot)

 


The important categories of crime are described as under:

 

Murder – It is a crime of very grave nature. Many a time it is committed over minor and trifling issue. Too often, it is accidental and is committed in a sudden outburst of anger under an intense strain of certain powerful emotions. However, planned murders are also not uncommon. The important motives behind a murder are usually traditional. For instance, illicit sexual relations, domestic and blood feuds, land disputes, lure of property, canal water disputes, personal enmity, and party factions are the common causes of crime in the district. There was a considerable fluctuation in the incidence of this crime in the district during 1989-93 i.e. the minimum being 62 in 1993 and the maximum being 207 in 1990. The maximum number of culpable homicide was 13 during 1989 and minimum 7 each in 1992 and 1993.

Dacoity – Dacoity also ranks among the heinous crimes. It has almost been eliminated in the district. There was only one case of dacoity in the district in 1993.

Robbery – Robbery may be described as an aggravated form of theft or extortion. For the last five years, there have been 1 to 11 cases of robbery a year in the district. However, there was a single case of this type in the district during 1993.

Burglary – It is an act of breaking into a house to commit theft or felony. This crime is very common both in the urban ands rural areas of the district. There was much fluctuation in the incidence of this crime in the district during 1989-93, the minimum being 50 in 1991 and the maximum being 108 in 1989.

Rioting Rioting takes place when an unlawful assembly of persons resort to violent means which lead to arson and looting. No case of rioting was reported to the police during 1989 to 1993 in the district.   

Theft – The incidence of theft, on the whole is on the decrease in Faridkot District during the last five years, i.e. 1989-93. Most of the theft cases reported are from the urban areas. Its incidence is relatively less in rural areas as the villagers, being small in number in a abadi, know each other well and this acts as a deterrent to committing theft. There were only 53 cases of theft in the district in 1993.

Traffic in Women – Through sustained efforts, the incidence of this crime has been completely eliminated. No case of trafficking in women was reported in the district in the district during the year 1993.

Offence under Local and Special Laws – Under this head, the crimes include cases of public nuisance and those of under the Indian Arms Act, 1878; the Punjab Excise Act, 1914; the Opium Act, 1878; the public Gambling Act, 1867; the Essential Commodities Act, 1955; the Indian Railways Act, 1890; and the Prevention of Corruption Act, 1947. There has been wide fluctuations in the number of crimes under this head during the years 1989-93, the minimum number being 1,109 in 1992 and maximum 2,005 in 1989.

Incidence of Motor Vehicle Accident With the expansion of vehicular traffic, incidence of road increase. In 1993, there were 111 road accidents as compared to 39 in 1992. In these accidents, 35 persons were killed and 72 persons injured in 1993.

Road Traffic – Road traffic is regulated not only under Indian Motor Vehicles Act, 1939/1988, but also under 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 Cruelity to Animals Act, 1890; the Punjab Motor Vehicles Act, 1925; and the Hackney Carriage Act, 1879.

The prosecutions launched in the Faridkot District under various acts, during 1975-76, 1980-81, 1985-86 to 1992-93 are given in the following statement :-


Prosecutions Launched under various Act in the Faridkot District during the year 1975-76, 1980-81 and 1985-86 to 1992-93

Name of the act

1975-76

1980-81

1985-86

1986-87

1987-88

1888-89

1989-90

1990-91

1991-92

1992-93

Indian penal code

689

758

914

893

905

849

921

792

816

837

Municipal Act and Municipal Bye-Laws

---

---

---

---

---

---

---

---

---

---

Stage Carriage Act

---

---

---

---

---

----

---

---

---

---

Police Act

---

---

---

---

---

---

----

---

----

---

Prevention of Cruelity to Animals Act

---

---

---

---

---

---

---

---

---

---

Punjab Motor vehicles Taxation Act

694

786

762

774

813

823

942

791

739

756

 

 


(b) History and Organisation of Police

History of Police

The law enforcement organization has been traditionally associated with the administration of justice. In Punjab State, the modern system of police was introduced by the British after the annexation of the Punjab in 1849 and the police administration was streamlined with the appointment of a separate officer at the district level, viz. the Superintendent of Police.

In erstwhile Faridkot Princely State, the police force was commanded by the Superintend of Police. He was rendered assistance by one Inspector, 5 Sub-Inspector, 170 Constables and 22 Town Watchmen. In addition to the regular police there were 130 Chowkidara cess, which was realized with the land revenue. The Constables were mostly Muhammadans all recruited from within the State. The police officers were sometimes sent for training at Phillaur. There were four police stations functioning at Faridkot Sadr, Faridkot City, Kot Kapura and Nahianwala each under the charge of a Sub-Inspector.

The Indian Police Organization, which was conceived in its present form in 1861 was conceived in its present form in 1861 and then remodeled in 1902 has fundamentally continued in the same form uptil now, though the State has been making changes here and there for bringing it on modern lines, for making it more efficient and responsive to the needs of the people in the context of the new socio-politic economic concepts which are emerging in the society and the State.

The structure and working of the police has undergone modifications in the line with the recommendations modifications in the line with the recommendations of various authorities appointed by the Government from time to time. These include the Police Commission of 1925, the Punjab Police Commission of guidelines for the administration and working of the police department at various levels.

 

Organizations of the District 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. The Senior Superintendent of Police is accountable in the performance of his duties, so far as management and control of crime in the district is concerned, to the Deputy Inspector General of Police. The Senior Superintendent of Police, Faridkot, is working under the administrative control of Director General, Police, Punjab, through Deputy Inspector General of Police, Firozpur Range in whose jurisdiction the district of Faridkot falls. As on 31 March 193, he was assisted by 4 Superintendents of Police, 1 Additional Superintendent of Police, 8 Deputy Superintendents of Police, 16 Inspector, 50 Sub-Inspector 203 Assistant Sub-Inspector, 401 Head Constables and 2,161 Constables.

A number of staff agencies such as crime bureau, special branch and special 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 police administration 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 1993, there were 19 police stations and 5 police posts in the district. The location of various police stations and police posts (Tahsil-wise) in the district is given below:

Police Stations

Police posts

Tahsil Faridkot

 

1 City Faridkot

 

2 Sadr Faridkot

Baja Khana

3 Sadiq

 

4 City Kot Kapura

 

5 Sadr Kot Kapura

 

6 Jaito

 

Tahsil Moga

 

1 City Moga

 

2 Sadr Moga

Samalsar

3 Nihalsinghwala

 

4 Badhni Kalan

 

5 Mehna

 

6 Bagha Purana

 

Tahsil Muktsar

 

1 City Muktsar

 

2 Sadr Muktsar

Lakhe Wali

3 City Malaut

Bariwala

4 Sadr Malaut

 

5 Lambi

 

6 Kot Kapura

 

7 Giddarbaha

 

 

Civil Police —The Civil police is posted at the police stations/police posts. There are 19 police stations and 5 police posts in the district. The Station House Officer is incharge of each police stations. He is normally assisted by one or more Assistant Sub-Inspectors, a Head Constable, a Moharrir and a number of Constables. The Station House Officer is responsible for maintaining peace, law and order and to investigate offices committed in the area of his police station.

Railway Police– Since the railway police is a part of the State Organisation working under the Deputy Inspector General, Government Railway Police, Punjab with head quarter at Patiala, it is not allotted to any district in particular. The jurisdiction of railway police is confined to `Railway Limits` i.e. all ground and buildings with in the railway boundary fencing or boundary marks, provided that all offences committed in or in close proximity to dwelling houses or barracks shall be taken cognizance of and investigated by the District Railway Police.

The Government Railway Police is organized 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 within respective jurisdiction.

There is only one Railway police Station located at Railway Station, Faridkot and three Railway Police Post i.e. Kotkapura, Muktsar and Moga, where one Sub-Inspector, one Assistant Sub-Inspector, 3 Head Constable and 26 Constables are posted.

Area of Government Railway police Station is as under:

S.No.

Railway Section

Length in kms

1

Firozpur-Bathinda

47 kms

2

Kot Kapura-Fazilka

71 kms

3

Firozpur-Ludhiana

42 kms

Total

160 kms

 

Paramilitary Forces—In times of crisis, additional security forces are drawn from the Central Government forces, such as Central Reserve Police Force and the Border Security Force, etc. These security forces are, however, borrowed only for limited period of time and for certain specified objectives. When such forces are inducted, they function under the operational control of the district police, but for administrative purposes are controlled by their own unit commanders.

Punjab Armed Police– The main functions and activities of Punjab Armed Police are: to guard vulnerable points; to render help to District Police in the maintenance of law and order; to provide guard/gunmen for VIPs, etc., to enforce railway security schemes during emergency; to provide force for miscellaneous duty such as celebrations of National festivals, important fairs and special campaign/drive against anti-social elements; to provide force for VIPs security duty at Chandigarh and other places; interstate transmission, railway security duty, canal protection duty and bus escort duty, etc.

As on 31 March 1993, only one unit of Punjab armed Police viz. S.I.B. Guard was functioning in Faridkot District which had one Head Constable and 4 Constables.

Vigilance Police– The main functions of the Vigilance Police is to make inquiries into the complaints of corruption and other irregularities committed by government employees. It takes speedy action where corruption and misconduct have come to notice. Besides, it assists the administrative Departments to rid the administration of anti-social evils. As on 31 March 1993, two Vigilance Bureau, Units namely Vigilance Bureau, Faridkot and Vigilance Bureau, Muktsar were functioning in the district of Faridkot. These units comprised one Deputy Superintendent of Police, 2 Inspectors, 2 Sub-Inspectors, 1 Head Constable and 8 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. The strength of excise Police in the Faridkot District under the schemes, i.e. Excise Police Reserve Mobile Squad Staff and Enforcement Staff as on 31 March 1993 was one Sub-Inspector, one Assistant Sub-Inspector, 5 Head Constables and 35 Constables.

Village Police – At the lowest rung of the police organisation is the village Chowkidar. He helps the village headman in the maintenance of peace and security in the village. His duties include to help in detection if crimes and reporting to the police station its occurrence in his village.

Punjab Home Guards– This paramilitary organization has been set up in the State in pursuance of Punjab Home Guards Act, 1948, with a view to helping the general public in the border districts during the normal and abnormal conditions which prevail at the time of any national crisis. The training which is given to the home guards include rifle-shooting, first-aid, physical exercise, fire-fighting and life saving techniques.

A Home Guard Unit was started in the Faridkot District in 1972. The main functions and activities of Home Guards are; to serve as a auxiliary to the police and to help in maintaining internal security for the community in any kind of emergency, like an air raid, fire, flood, an epidemic, etc. it also guards various strategic points such as railway lines, water supply, power supply installations, etc. in the district, as and when required.

The strength of staff in the Faridkot District as on 31 March 1993 consists of one District Commander, who is assisted by 4 Company Commanders, 10 Platoon Commanders, 1 Sergent Armour, 9 Havaldar Instructors, 6 Corporal Instructors, 1,584 volunteer, besides other miscellaneous Class III and Class IV staff.

 

(c) Jails and Lock-ups

There was a State Jail at Faridkot during the Princely era under the charge of Chief Medical Officer of the State who acted as its Superintendent. Separate cells were maintained for male, female and condemned prisoners in the Jail. It had a dispensary in the charge of a compounder who worked under the control of Chief Medical Officer.

With the passage of time, the institution of jails has undergone a lot of change. Previously, those were knows as cells for giving deterring punishments to the criminals. No efforts were made to change the mental attitude of prisoners. However, after the Independence of the country in 1847, revolutionary changes have taken place in the administration of prisons. Now more emphasis is given to change the mental attitude of prisoners. As the basic function of a prison has changed from punishment to reformation, it is now called a sudhar ghar or reformatory, which is indeed the appropriate nomenclature.

The State Government has taken effective steps to improve the conditions of prisoners in the sudhar Ghars. Much care is taken in respect of diet, health, educational and emotional set up of the prisoners. The unique feature of the modern administration of sudhar Ghar is that effective steps are taken to enable the prisoners to earn their livelihood and to adjust themselves with society on release. 

There is a District Jail (Sudhar Ghar) at the district headquarters at Faridkot. Besides, there are two sub-Jails (up-sudhar Ghars) at Muktsar and Moga. There are lock-ups attached to each police Station. The jail Administration in the district Functions under the Administrative control of Inspector General of Prisoners, Punjab.

District Jail (Sudhar Ghar), Faridkot– The district jail is situated on Faridkot-Sadiq road near Shri Guru Gobind Singh Medical College. It came into being in 1932. It is under the charge of the Superintendent, District Jail, who is assisted by 2 Deputy Superintendents 4 Assistant Superintendents/Welfare Officers, 8 Head Warders, 85 Senior Assistants/Accountants, 1 Junior Assistant, 1 J.B.T. Teachers, besides other allied staff.

The total admissions during the year and the average daily population and maximum population on any one day in the District Jail, Faridkot during the year 1975, 1980 and 1985 to 1993 is given below:

Year

New admissions during the year

Average daily population

Maximum population on any one day

1975

1,280

572.11

671 on 25 November 1975

1980

1,265

367.94

427 on 16 December 1980

1985

   897

557.62

613 on 1 July 1985

1986

1,152

376.48

748 on 12 January 1986

1987

   757

407.80

532 on 31 May 1987

1988

   508

399.11

498 on 26 July 1988

1989

   598

370.10

443 on 2 September 1989

1990

   773

272.67

366 on 8 January 1990

1991

   804

259.89

293 on 29 October 1991

1992

   763

236.71

269 on 19 November 1992

1993

   820

246.79

313 on 18 December 1993

 (Source: Additional Director General of Prisons, Punjab, Chandigarh)

The number of convicted prisoners, released different grounds from District Jail, Faridkot during the year 1975, 1980 and 1985 to 1993 is given below:

Year

Number of prisoners released

1975

812

1980

587

1985

497

1986

470

1987

289

1988

277

1989

211

1990

161

1991

212

1992

182

1993

164

(Source: Additional Director General of Prisoner, Punjab, Chandigarh)

Sub-Jails (Up-Sudhar Ghar), Muktsar —Formerly only a Judicial lock-up managed by the police Department, it was converted into a sub-jail with effect from 12 December 1957. Situated on Kot Kapura-Muktsar road, it is under the control of Sub Divisional Magistrate, who is its part-time Superintendent. He is assisted by supervisory staff comprising an Assistant Superintendent, 2 Head Warders and 22 Warders. No medical Officer is attached to the jail. The convicts. Who need medical assistance, are sent to the local Civil Hospital. In case of serious illness, the prisoners are transferred to the District Jail, Faridkot, where necessary medical facilities are available. Mostly, the under trials are confined in this sub-jail after their Faridkot. The total admissions during the year and average daily population and maximum population on any one day in the Sub-Jail, Muktsar during the years 1975, 1980 and 1985 to 1993 is given below:

Year

New admissions during the year

Average daily population

Maximum population on any one day

1975

120

37.42

78 on 19 June 1975

1980

56

31.05

54 on 29 September 1980

1985

162

74.74

123 on 9 June 1985

1986

138

45.29

97 on 1 January 1986

1987

91

41.88

99 on 1 February 1987

1988

65

37.09

89 on 2 April 1988

1989

37

45.77

62 on 20 April 1989

1990

32

36.01

54 on 4 July 1990

1991

23

25.71

48 on 30 September 1991

1992

34

29.11

45 on 29 July 1992

1993

32

20.91

65 on 8 July 1993

(Source: Additional Director General of Prisons, Punjab, Chandigarh)

The Number of convicted prisoners, released on different grounds from Sub-Jails, Muktsar, during the years 1975, 1980 and 1985 to 1993 is given below:

Year

Number of prisoners released

1975

98

1980

48

1985

148

1986

125

1987

48

1988

60

1989

35

1990

28

1991

20

1992

32

1993

31

(Source: Additional Director General of Prisons, Punjab, Chandigarh)

Sub-Jail (Up-Sudhar Ghar), Moga —Formerly only a judicial lock-up, managed by the Police Department, it was converted into a sub-jail with effect from 16 December 1957. Situated on the Ludhiana-Firozpur road, it is under the control of Sub Divisional Magistrate, who is its part-time Superintendent. He is assisted by the supervisory staff comprising an Assistant Superintendent, 1 Head Warder and 28n Warder. Medical aid is provided to the prisoners in case of illness. They are sent to the Civil Hospital for treatment, if necessary.

The total admissions during the year and the average daily population and maximum population on any one day in the District Jail, Moga during the year 1989 to 1993 is given below:


Year

New admissions during the year

Average daily population

 Maximum population on any one day

1989

684

38.77

63 on 14 December 1989

1990

568

52.17

82 on 9 December 1990

1991

546

55.64

65 on 1 February 1991

1992

529

39.41

59 on 1 July 1992

1993

472

29.96

66 on 7 November 1993

(Source: Additional Director General of Prinsons, Punjab, Chandigarh)

The number of convicted prisoners released on different grounds from Sub-Jail, Moga, during the years 1985 to 1993 is given below:

Year

Number of prisoners released

1985

68

1986

99

1987

53

1988

33

1989

33

1990

21

1991

19

1992

18

1993

8

(Source: Additional Director General of Prisons Punjab, Chandigarh)

Educational, Recreational and Medical Facilities

 

A J.B.T. teacher has been posted at District Jail, Faridkot, who imparts education to the prisoners upto matriculation standard. The prisoners are also imparted training in different trades to enable them to earn their livelihood after release. A twelve-bedded hospital has been set-up in District Jail (Sudhar-Ghar), where sick prisoners are admitted and outdoor patients are given medicines. The hospital is looked atter by a Medical Officer assisted by a pharmacist. A pharmacist is posted at each Sub-jail to attend to ailing prisoners. Seriously ill prisoners are sent to out-side hospitals. TV. sets have been provided in the Jails for the recreation prisoners. Besides this, cultural programmes are organized and inter-jail games arranged.

Canteens

Canteens have been functioning in the jails since 1962 for the welfare of prisoners, wherefrom they purchase routine items/articles against coupons which are supplied to them against wages earned by them in the Jails. It meets the daily needs of the prisoners, such as sugar, biscuits and articles of toilet. All articles are purchased directly from the dealers and are issued to the prisoners on a nominal profit.

Panchayat System

In order to foster a sense of responsibility among the prisoners and give them initiative, the panchayat system has been introduced into the jail, the prisoners elect through votes the members of the panchayat and the members inspect food articles, draw ration from the stores and supervise cooking. They also manage the sanitation of the jail. Besides, they bring the difficulties and grievances of the prisoners to the notice of jail authorities. This system has created a sense of responsibility and trust among the prisoners, and has been of great value in maintaining discipline. The panchayat also proves effective in creating an atmosphere of cordiality between prisoners and the staff.

The jails situated in the district are inspected by the District & Sessions Judge almost every month and the board comprising of Deputy Commissioner, District & Sessions Judge and S.S.P. jointly once in a quarter to hear the complaints of the prisoners, Various Judges of the High Court visit the jails off and on. The inspection of Jails is conducted by the Inspector General Prisons/Deputy Inspector General/Assistant Inspector General and other headquarters officers from time to time. It is also enjoined upon Superintendent Jail, Firozpur to visit these jails once a month a submit his report to Inspector General of Prisons. Non-official visitors whenever appointed by the Government too visit the Jails at their convenience.

Jail Industries

With the object of reforming and rehabilitating offenders in society after their release, prison industries and mechanized agricultural farming, dairy farms are being manages almost at all Central and District Jails. At District Jail, Faridkot, industries like carpentry, textile, soap and phenyl and tent making, etc. are being run. Besides, there are arrangements for dyeing and sewing of clothes. No factory section is attached with sub-Jails at Muktsar and Moga.

There is agricultural land measuring 14 acres, 3 acres and 2.5 kanals attached with Faridkot, Muktsar and Moga jails respectively, where mostly vegetables are grown to meet the requirement of prisoners.

The daily average of prisoners working in the jail garden and jail industry, total production and the gross profit during 1975, 1980 and 1985 to 1993 in the District Jail, Faridkot are given in the following tables: -

 

(Jail Garden)

Year

Daily average of prisoners working in the jail garden

Production (Rs)

Gross profit (Rs)

1975

21.10

    29,031

28,535

1980

27.14

    45,318

36,365

1985

17.87

    10,654

07,823

1986

1.71

     44,484

30,247

1987

2.69

     48,395

36,935

1988

4.66

     59,355

47,569

1989

7.53

   6,57,340

57,788

1990

9.90

       85,365

60,390

1991

10.40

   1,02,422

70,517

1992

10.20

    1,09,009

70,055

1993

11.10

   1,01,316

59,692

(Source: Additional Director General of Prisons, Punjab, Chandigarh)

(Jail Industries)

Year

Daily average of prisoners working in the jail Industry

Production (Rs)

Gross profit (Rs)

1975

288.89

3,73,492

37,349

1980

148.00

4,95,735

49,574

1985

106.74

4,88,324

48,832

1986

89.16

5,12,003

51,200

1987

75.50

4,81,493

48,150

1988

70.40

4,25,606

42,560

1989

52.73

  6,75,708

   67,571

1990

54.84

  7,35,648

   73,565

1991

79.84

16,08,725

1,60,873

1992

62.07

16,92,420

1,69,242

1993

56.65

14,86,987

1,48,699

(Source: Additional Director General of Prisons, Punjab, Chandigarh)

Official and Non-Official Visitors

The Jails Manual lays down that the main purpose of visits of official and non-official visitors is to ensure that rules and regulations governing jail administration are properly carried out. The appointed visitors meet the prisoners, listen to their complaints and note their comments in the Visitors’ Book. They also test the food given to the prisoners and check the sanitation in the Jail.

The Probation of offenders Act 1958

Probation of Offenders Act is the Central Act is a Central Act which is now operative in all the districts of the State. This Act empowers the Judicial courts to release on probation or after due admonition, the offenders found guilty of offences not punishable with death or imprisonment for life, provided their antecedents, circumstances of the case and the nature of offence Justifies the same, the probation of Offenders Act has replaced Section 562 of the Code of Criminal Procedure, 1898 and has become a part and parcel of the Judicial system in the State. The Act is being implemented in the State through the Chief Probation Officer, Punjab, Chandigarh.

District Probation Officer, Faridkot – The District probation Officer is under the control of Chief Probation Officer, Punjab, Chandigarh, who supervises and controls and probation work of the entire State of Punjab under the over all administrative control of the Inspector General of Prisons, Punjab, Chandigarh.

The Probation Officer is to enquire into the circumstances, home surroundings, character and general antecedents of the accused person, in accordance with the direction of the judicial Courts, with a view to assisting the courts in determining the most suitable method of dealing with the accused and is also required to submit social investigation reports of the offenders when asked for by the courts.

In Case of an offenders below 21 years of age, the courts have been restricted from passing any sentence of imprisonment unless such an offender is considered undesirable for release on probation. 

The following table shows the number of prisoners released in probation on various grounds, during the year 1975-76, 1980-81 and 1985-86 to 1992-93: -

Year

Under Supervision

Without Supervision

Under Section 3 of the Probation of offenders Act after admonition

Special investigation

1975-76

120

1,400

---

10

1980-81

109

1,356

---

26

1985-86

188

2,758

---

6

1986-87

137

2,436

---

10

1987-88

125

1,831

---

3

1988-89

71

1,472

--

3

1989-90

60

1,078

---

3

1990-91

28

1,181

---

10

1991-92

26

537

---

---

1992-93

27

521

---

---

(Source:  District Probation Officer, Faridkot)

(d) Organisation of Civil and Criminal Courts

The judicial organisation in the Faridkot District comprise a District and Sessions Judge at the district headquarters. For criminal cases, a Chief Judicial Magistrate, and for civil cases, a Senior Subordinate Judge and Additional Senior Sub-Judge, functions under the control and supervision of the District and Sessions Judge, Faridkot. At the district headquarters, the civil and criminal cases are dealt with by judicial officers to whom the work is allotted by the Chief Judicial Magistrate and the Senior Subordinate Judge. Similarly at subdivision level, judicial officers dispose of civil and criminal cases under the control of the District and Sessions Judge. The civil cases, separate police stations are allotted to different judicial officers who deal with the cases of those police stations, which fall under their jurisdictions.

Criminal and Civil Justice in the District– Since the separation of 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 & Sessions Judge (s) depending upon the quantum of work alongwith a Senior Subordinate Judge and a Chief Judicial Magistrate as also the requisite number of Sub-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 Sub-Judge-cum-Judicial Magistrates in their capacity as Sub-judges try cases of civil nature, while 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 & Sessions Judges and Additional District & 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, rapt, 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 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 matters and as a criminal court while deciding criminal cases. The work in the lower courts is 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 triable by the Sessions Judges except security cases. He is vested with the powers of Judicial Magistrate 1st Class and is empowered to try juvenile offenders, issue of search warrants, to release imprisoned persons for failing to give security under section 106 Cr. P.C., order police investigation into cognizable cases, entertain cases without complaints, transfer cases to a Subordinate Magistrate and to report a case to the High Court, etc.

All Judicial Magistrate try cases under the Indian Penal Code, 1860, as per schedule mentioned therein, Punjab Excise Act, 1914, the 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 confession 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 criminals may have been apprehended or in whose jurisdiction crime may have been committed within 24 hours of their arrest.

The District & Sessions Judge, the Chief Judicial Magistrates and the Subordinate Judges exercise the powers which are granted under the various provisions of Cr. P. C. and Civil Procedure Code and also and also which are specially invested in them by the Government. Though Judicial Magistrates are empowered to hear criminal cases triable 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 security cases in keeping peace and security for good behaviour under the Criminal Procedure Code are being tried by the Executive Magistrates. They are still under the control and supervision of District Magistrates.

The number of cases tried by Criminal Courts in the Faridkot District during 1975-76, 1980-81 and 1985-86 to 1992-93 are given below:

Year

Cases brought forward from the previous year

Cases reported during the year

Cases admitted

Cases tried

Cases convicted

Balance

1975-76

1,909

14,956

16,865

14,208

 8,510

  2,657

1980-81

5,799

19,357

25,156

13,871

10,696

11,285

1985-86

5,417

12,192

17,609

11,938

  9,079

  5,671

1986-87

5,671

  9,712

15,388

10,465

 7,867

  4,973

1987-88

4,973

  8,259

13,232

  8,915

  6,545

  4,317

1988-89

4,317

  8,781

13,098

  8,155

  6,046

4,943

1989-90

4,943

10,571

15,514

11,297

  6,159

4,217

1990-91

4,217

  8,212

12,429

  6,728

4,036

5,701

1991-92

5,701

  8,762

14,463

  6,963

4,156

7,500

1992-93

7,500

9,820

17,300

4,416

4,289

10,299

 (Source: Assistant Registrar, (Civil & Criminal) Punjab & Haryana Court, Chandigarh)

 

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