(ii) Central sources of Revenue
Central Excise Duties. – The main sources of the Central Excise Duty in
the district are ; tobacco, woolen fabrics, woolen yarn, rayon and synthetic
resin, copper alloys, sodium silicate and electric motors.
The
duties are collected under the Central Excise and Salt Act, 1944.
Income Tax. – It is levied under the Income Tax Act, 1961, which replaced the
Indian Income tax Act, 1922, on April 1,1962.
The rates of income tax vary from year to year in accordance with the
finance Act, passed by the Parliament every year.
Wealth Tax. – It is levied under the Wealth Tax Act, 1957. It is chargeable on the net wealth of an
individual and a Hindu undivided family.
Gift Tax. – the tax is levied under the gift Tax Act, 1958, on all gifts made
after the date of the enforcement of the Act (i. e. April 1, 1958), if the
total value of the gift (movable or immovable) exceeds the limit specified by
the Finance Act passed by the Parliament in a particular year. A gift means the transfer by one person to
another of any existing movable or immovable property made voluntary and
without consideration in money or money’s worth.
Estate Duty. – The Estate Duty Act, 1953, was enforced on October 15, 1953. The duty is leviable on the estates of
persons dying after this date. For levy
of estate duty, Hoshiarpur District falls under the jurisdiction of the of the
Assistant Controller of Estate Duty, Jullundur.
The
collections from the Central source of revenue in the Hoshiarpur District, from
1970-71 to 1974-75 are given below :
|
Year |
Central Excise Duties |
Income Tax |
Wealth Tax |
Gift Tax |
Estate duty |
|
|
(Rs) |
(Rs) |
(Rs) |
(Rs) |
(Rs) |
|
1970-71 |
2,54,521 |
.. |
.. |
.. |
5,000 |
|
1971-72 |
2,61,812 |
43,69,000 |
71,000 |
64,000 |
7,000 |
|
1972-73 |
2,74,883 |
58,11,000 |
2,89,000 |
2,28,000 |
28,000 |
|
1973-74 |
2,57,553 |
68,60,000 |
3,00,000 |
1,92,000 |
33,000 |
|
1974-75 |
3,99,679 |
72,73,000 |
4,38,000 |
3,20,000 |
20,000 |
(Source : Income Tax Officer, Hoshiarpur ; Inspector, Central excise, Hoshiarpur and Assistant Collector of Estate duty, Jullundur)
LAW AND ORDER AND JUSTICE
|
(a) |
|
|
(b) |
|
|
(c) |
|
|
(d) |
|
|
(e) |
(a) Incidence of Crime in the District
It might be of interest to mention the crime position described in the gazetteer of the Hoshiarpur District, 1904 :
“On the whole the District is singularly free from serious and violent crime. Dasuqa is the most criminal Tahsi, especially thanas Dasuya and mukerian. In thana Mahalpur the jats and Mahtons are much given to dighting amongst themselves. The staple form of crime is burglary. Forgery and cheating are probably very prevalent, but in the nature of things judicial convictions for these classes of offences are difficult and comparatively rare. For offences of all classes the percentage of convictions to cases admitted is, as a rule, very low, but this is due to the very small percentage obtained in petty cases ; large numbers of false and frivolous complaints being needlessly entertained by the lower classes of courts, and the percentage would be raised by fully 30 per cent, if the figures relating to criminal force, assault and minor cases of criminal trespass and mischief (under which heads more false complaints are brought than any other) were excluded from consideration.”
The character and disposition of the people were thus described by Colonel Montgomery :
“The people of this district are quiet and law-abiding. The criminal statistics do not show any large amount of heinous crime ; petty thefts and burglary are common in the plains, but rare in the hills. But the District has the unenviable notoriety of being the most litigious in the Province, so much so that a staff of seven Munsiffs, besides Extra Assistant Commissioners and other officers, manage with difficulty, to dispose of all the civil suits. Under these circumstances it is not to be wondered pleaders also flourish, and at the present time there are numerous pleaders, mukhtars, and revenue agents practicing in the District. Women are a fruitful source of dispute here, as they are all over the world. Truthfulness unfortunately is not one of the common virtues”.
The
position has changed a lot with the increase in transport facilities. The net work of roads and rail links has
invaded the characteristics of the people.
now there is no substantial difference of the people of one district
from another in the State. Since the
borders of the Hoshiarpur District touch the boundaries of Himachal Pradesh,
there is temptation to some bad persons to indulge in smuggling of cereals,
etc. However, the police force is on
all fours to check the smuggling activities.
The police force is on all fours to check the smuggling activities. The police makes sudden raids and arrests
smugglers and confiscates their goods.
Historically,
the district had been a part of Doab and, therefore, the people of the
Hoshiarpur District do not differ from those of Jullundur and Kapurthala
districts. On the whole, people are law-abiding. As a result of adequate educational facilities, people are
comparatively literate. However, from
industry point of view, the district is backward and as such the avenues of
employment are scarce and educated persons seek employment in other districts
of Punjab and elsewhere. Those residing
in the district being educated are litigious even on petty matters.
An
idea regarding the trend of various crimes, etc. in the district during 1969 to
1975 may be had from the following table :-
|
Year |
All crimes (Class I to VI) |
Murder |
Dacoity |
Robbery |
Burglary |
Rioting |
Theft |
Cattle Lifting |
Traffic in Women |
Cheating |
Offerences under Local and Special Laws |
Motor Vehicle Accidents |
|
1969 |
2,438 |
17 |
- |
1 |
91 |
3 |
147 |
16 |
12 |
31 |
1,782 |
52 |
|
1970 |
2,539 |
23 |
- |
1 |
62 |
1 |
134 |
7 |
11 |
17 |
1,960 |
38 |
|
1971 |
2,38 |
28 |
- |
2 |
65 |
3 |
116 |
8 |
21 |
22 |
1,781 |
49 |
|
1972 |
2,457 |
26 |
- |
2 |
101 |
2 |
117 |
4 |
13 |
18 |
1,742 |
50 |
|
1973 |
2,652 |
33 |
- |
2 |
89 |
1 |
105 |
8 |
15 |
16 |
2,030 |
36 |
|
1974 |
2,565 |
34 |
- |
2 |
147 |
5 |
201 |
4 |
19 |
27 |
1,727 |
39 |
|
1975 |
2,412 |
30 |
- |
- |
133 |
1 |
205 |
8 |
17 |
32 |
2,196 |
44 |
(Source: Superintendent of Police, Hoshiarpur)
The important categories of crime are
described as under :
Murder. – Murder has always been termed a fortuitous crime and cannot be foreseen. It is committed under sudden provocation. Acute frustration is also sometimes the cause of it. motives for murders are conventional and may be listed as sex relations, domestic quarrels, personal enmity, provoked quarrel, etc. The number of murder cases reported in the district in 1974 was 34 (being the highest) as against 30 in 1975.
Dacoity.
– There has been no case of dacoity in the district for the last so many
years. Thought sustained efforts of the
police, it has been possible to eliminate dacoity once for all. The menace of dacoity has, therefore, become
a tale of the past.
Robbery.
– Robbery is special aggravated form of either theft of extortion. The chief distinguishing element in robbery
is the presence of imminent fear of violence. There have been 1-2 cases of
robbery in a year for the last so many years.
Burglary. – Burglary means an act of breaking into a house to commit theft or
other felony. The crime is common in
both rural and urban areas, and strenuous efforts have been made by the police
to bring the situation under control.
There was much fluctuation in the incidence of the crime in the district
during 1969-75, minimum being 62 in 1970 and maximum 147 in 1974.
Rioting. – A riot is an unlawful assembly in a particular state of activity
which is accompanied by the use of force or violence. It is only the use of force that distinguishes rioting in the
district from 1969 with the highest incidence to 5 in 1974. Only one case of rioting was reported in 1975.
Theft.
– Theft is said to have been committed if a person intends to take dishonestly
or stealthily any movable property out of the possession of any person without
his consent. This incidence of crime is
relatively less in the rural areas as the inhabitants of each abadi are fully
known to one another. In the urban
areas, the intruders, are sometimes. Taken as relatives of the victims by even
those neighbors who happen to notice the presence of the thief. There were 213 cases of theft in the
district in 1975.
Cattle Lifting. – The incidence of cattle lifting is more or less attributable to the
geographical situation of the district.
Though the boundaries of this district adjoin the Himachal pradesh yet
the incidence of cattle lifting is no very alarming. It is usually confined to the rural areas in the district. The incidence of cattle lifting varies from
16 in 1969 to 4 in 1974. It, however,
rose to 8 in 1975.
Traffic in Women. – Most of the cases under this head are, infact the cases of elopements. The police authorities cannot have any check over such cases. The police can at best keep watch over bad character elements to check the incidence of this crime. The incidence of elopement is mainly due to the lack of proper hold or control of the parents and guardians over their wards. The number of such cases varied from 12 to 17 from 1969 to 1975, the highest being 21 in 1971.
Cheating. – A willful misrepresentation of a definite fact with intention to defraud would be cheating. The incidence of cheating has varied from 31 to 27 from 1969 to 1974, the highest being 31 in 1969. It was, however, 32 in 1975.
Offences under Local and special Laws. – The crimes under this head comprise 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.
Incidence of Motor Vehicle Accidents. – With the expansion of vehicular traffic, incidence of road accidents in the district has been on the increase.
Road Traffic. – Besides the Indian Motor Vehicle Act, 1939, the Indian Penal Code the Punjab Municipal Act, 1914 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 Taxation Act, 1925 and the Hackney Carriage Act, 1925 and the Hackney Carriage Act, 1879, regulate the road traffic.
The
prosecutions launched in the district under the various Acts during 1969 to
1975, are given in the following statements :-
Prosecutions launched under various Acts in the
Hoshiarpur District, 1969 to 1975
|
Name of the Act |
1969 |
1970 |
1971 |
1972 |
1973 |
1974 |
1975 |
|
Indian Penal Code |
651 |
579 |
602 |
715 |
632 |
838 |
- |
|
Municipal Act and Municipal Bye-laws |
- |
- |
- |
- |
- |
- |
- |
|
Stage Carriage Act |
- |
- |
- |
- |
- |
- |
- |
|
Police Act |
129 |
96 |
61 |
57 |
40 |
31 |
- |
|
Prevention of Curelty to Animals Act |
- |
- |
- |
- |
- |
- |
- |
|
Punjab Motor Vehicles Taxations Act |
- |
- |
- |
- |
- |
- |
- |
|
Hackney Carriage Act |
- |
- |
- |
- |
- |
- |
- |
(Source : Superintendent of Police, Hoshiarpur)
(b) History and organization of Police
Before the advent of the British rule in India, the rulers of the country had separate organizations to maintain law and order and for the collection of intelligence of the internal situation and foreign conditions. Under the British rule, the Police administration was streamlined with the establishment of a separate officer at the district level, viz. the superintendent of Police. The Police system was further reorganized with the implementation of the recommendations made by the Police Commission of 1861 (and the resultant Police Act V of 1861), the Second Police Commission of 1902, the Punjab Provisional Police Committee of 1925 (which submitted its report in 1926), the Punjab Police Commission of 1961, etc.
In view of the geographical location of the Hoshiarpur district adjoining the boundaries of Himachal Pradesh, the importance of Police cannot be over-emphasized. Utmost vigilance is required fro checking the anti-social elements.
In the early years of the twentieth century, there were 15 first class police stations in the Hoshiarpur District, each having a Deputy Inspector with 2 Sergeants and 13 Constables. Besides, there were two out posts at Bharwain and Gagret (Himachal Pradesh) each containing a sergeant and 4 Constables and 2 road posts at Nangal (Rupnagar District) and nasrala. In addition, there were two municipal posts each with a Sergeant and 8 Constables in the Bahadurpur and Khanpur suburds of the town of Hoshiarpur. There were also municipal posts in Tanda, Urmar and Ahyapur suburbs of Tanda. There was also a municipal post in each of the towns of Hariana, Garhdiwala, anandpur and Una (Himachal Pradesh).
For the purpose of Police administration, the Hoshiarpur district falls within the Jullundur Range, which is under the deputy Inspector General of Police, Jullundur. At the district level, the Superintendent of Police, Hoshiarpur, is responsible for the administration of police. He is assisted by 3 Deputy Superintendents of Police, 4 Inspectors, 26 Sub-Inspectors, 58 Assistant Sub-Inspectors, 135 Head Constables and 882 Constables.
The strength of police in the district, as on March 31, 1975, was as follows :-
Police Strength
in Hoshiarpur District, as on March 31, 1975
|
|
Superintendents of Police |
Deputy Superintendents of Police |
Inspectors |
Sub-Inspectors |
Assistants Sub-Inspectors |
Head Constables |
Constables |
|
Civil Police |
|
|
|
|
|
|
|
|
Permanent |
1 |
2 |
3 |
17 |
45 |
102 |
632 |
|
Temporary |
- |
1 |
1 |
8 |
12 |
26 |
186 |
|
Armed Reserves |
|
|
|
|
|
|
|
|
(1st, 2nd and 3rd Armed Reserves) |
|
|
|
|
|
|
|
|
Permanent |
- |
- |
- |
1 |
1 |
7 |
64 |
|
Temporary |
- |
- |
- |
- |
- |
- |
- |
|
Mounted Police |
|
|
|
|
|
|
|
|
Permanent |
- |
- |
- |
- |
- |
- |
- |
|
Temporary |
- |
- |
- |
- |
- |
- |
- |
|
Prosecution Staff |
|
|
|
|
|
|
|
|
Permanent |
- |
- |
- |
- |
- |
- |
- |
|
Temporary |
- |
- |
- |
- |
- |
- |
- |
|
Total |
1 |
3 |
4 |
26 |
58 |
135 |
882 |
(Source: Superintendent of Police,
Hoshiarpur)
The number of Police stations and police posts in
each tahsil/subdivision is as under:
|
Tahsil/Subdivision |
No. of Villages |
Police Stations |
Police Posts |
|
Hoshiarpur |
527 |
1. City Hoshiarpur |
|
|
|
|
2. Sadar Hoshiarpur |
Bhunga |
|
|
|
3. Hariana |
Garhdiwala |
|
Dasuya |
621 |
1. Dasuya |
|
|
|
|
2. Mukerian |
|
|
|
|
3. Hajipur |
|
|
|
|
4. Tanda |
|
|
|
|
5. Talwara |
|
|
Garhshankar
|
302 |
1. Garhshankar |
|
|
|
|
2. Mahalpur |
|
|
Balachaur |
194 |
1. Balachaur |
|
Civil Police :- The Civil Police is posted at the police stations/police posts. There are 11 police stations and 2 police posts in the district. The Station House Officer is incharge of each police station. He is normally assisted by one or more Assistant Sub-Inspectors, a Head Constable, a Moharrir and number of constables. The duty of the Station House Officer is to maintain peace and to investigate offences occurring in his circle.
Vigilance Police :- The main object of the Vigilance Department is to take speedy action where corruption and misconduct have come to notice to tackle the factors which make corruption possible and to assist the other Administrative Departments to rid the administration of the anti-social evil. Only one unit of the Vigilance Bureau was functioning at the district headquarters on March 31, 1975. The staff comprised one Inspector, 1 Sub0Inspector, 1 Assistant Sub-Inspector, 1 Head Constable and 5 Constables.
Railway Police:- Not allotted to any district in particular, the Railway Police is a part of the State organization, working under the Assistant inspector General, Government Railway Police, Punjab, with headquarters at Patiala. The circles of the Railway Police are formed according to the sections of railways lines in which they control crime committed railway trains and within the railway premises.
The main function of the Railway police are to investigate all types of cases registered within its jurisdiction; to maintain records for the classification and prevention of crime; to provide plain clothes detective staff; to maintain law and order at railway stations and in trains; protects travelers from injury to persons or property; to attend to the arrival and departure of passenger trains at stations and to render all possible assistance to passengers and railway officers; to bring to the notice of the proper authorities all offences under the Railway Act and breaches of byelaws and cases of fraud, etc. to keep platforms clear of idlers and beggars and to keep a look out for suspicious persons/smugglers and persons traveling with arms without licence; and to patrol all passenger trains and provide escorts to important night trains.
There are two out posts of the Railway Police in the district, viz. at Hoshiarpur and Mukerian. where 1 Assistant Sub Inspector, 2 Head Constables and 8 Constables are posted.
Excise Police Staff. - One Sub Inspector Police, 4 Head Constables and 24 Constables from the police cadre are posted with the District Excise and Taxation Officer. They are treated on deputation from regular police force.
Village Police. - The Chowkidar is at the lowest rung of the police organisation . He
helps the village Sarpanch in the
maintenance of law and order. It is the duty of the village watchman to help in
the detection of crimes. He is also required to report to the concerned
authorities the occurrence of any crime in the village.
Punjab Home Guards. - This organisation was started in India in 1946
during the communal riots in Bombay which later on spread to other States. In
the State of Punjab, the Punjab Home Guards, Act was passed in 1948, under
which the home Guards was raised in the district at Company level in 1961 and
then at the district level in Octobers,1963.
There
is a District Commander, Punjab Home Guards, who is assisted by 3 company
Commanders, 5 Platoon Commanders,
7 Havaldar Inspectors, 6 Corporal
instructors, besides other Class III and Class IV staff. There are two urban part-time companies with
220 volunteers and eleven rural wing companies with 110 volunteers.
The
urban wing volunteers of Hime guards attend weekly parades and are trained in
first aid, fire-fighting, civil defence measures, drill and weapon
training. The rural wing volunteers
receive training in basic and refresher camps which are run throughout the year
and the main stress during the training period is one drill and weapon
training.
The home guards volunteers of both the wings assist the local police in the maintenance of law and order at the time of need and guard various strategic points such as railway lines, power stations and other means of communications.
In India, the prisons were only places of detention where offenders were kept until their trial, judgement and execution. The imprisonment became an instrument of penal treatment with the initiation of a uniform system of legal justice in the country during 1858-1861. Improvements were effected in prison administration from time to time on the recommendations of the different Jail Committees appointed in 1836, 1864, 1877, 1892 and 1919. The first Prisons Act was passed in 1890 to regulate and administer the affairs of the Jails followed by the Prisons Act, 1894, and the Reformatory Schools Act, 1970. However, after the independence tremendous changes have been effected in the working of jails. Under the Constitution of India, jail administration is a State subject and, as such, rules and regulations differ from State to State.
There is a sub jail at the district headquarters at Hoshiarpur, Besides, there is a lock up attached to each police station which is controlled by the Police Department.
Sub Jail Hoshiarpur. - Established in 1893, it is under the charge of the Superintendent of Jail, who is assisted by 1 Assistant Superintendent, 1 clerk, 1 Head Warder, 20 Warders, 1 Matron and 2 Sweepers.
The total admissions during the year, average daily population and maximum population on any one day in the Sub Jail, Hoshiarpur , during 1969 to 1975 are given in the following table :-
|
|
Year |
||||||
|
|
1969 |
1970 |
1971 |
1972 |
1973 |
1974 |
1975 |
|
Total admissions during the year |
275 |
383 |
300 |
242 |
322 |
485 |
497 |
|
Average daily population |
130.90 |
128.36 |
98.97 |
114.30 |
140.38 |
156.44 |
122.13 |
|
Maximum population on any one day during the year |
192 |
280 |
210 |
163 |
185 |
243 |
174 |
(Source : Superintendent, Sub-jail, Hoshiarpur)
The number of convicted prisoners
released on different grounds, during 1969 to 1975, is shown below :
|
Year |
No. of prisoners released |
|
1969 |
292 |
|
1970 |
286 |
|
1971 |
301 |
|
1972 |
371 |
|
1973 |
408 |
|
1974 |
541 |
|
1975 |
454 |
(Source : Superintendent, Sub-Jail, Hoshiarpur)
Though jails are considered penal institutions, yet now a days these are regarded more or less as reformatories and rehabilitation centres for those who find themselves in for different reasons. Whatever may be the cause of priosner’s entry into jail, it is the duty of jail administration to equip him with such trade and training so as to transform him in to an honest, decent and useful citizen and settle him gainfully in life when released . With this object in view, Government has introduced several reforms in the jails which have gone a long way in improving their lot. Some of them need special mention here. These are (i) remission of sentence for good behaviour, (ii) granting of furlough and parole, (iii) Supply of newspapers, (iv) literacy classes for the benefit of prisoners, (v) canteen facilities with permission to spend up to a certain percentage of the money earned by prisoners in jail on items like tea, milk, cigarettes, matchboxes, soap, etc. (vi) arrangement of film shows by the District Public Relations Officer, (vii) cultural activities in the form of bhajans (hymns), songs, etc. (vii) permission to prosecute studies and get school books in addition to religious books from relatives and jail library, and (ix) installation of radio set in the jail premises.
Educational
and Recreational and Medical Facilities
There are about 78 books in the library of the jail for the reading of literate prisoners. In addition to this, all under-trials and convicted prisoners who wish to learn Punjabi, Hindi and English languages are provided with necessary note-books, slates and pencils and literate prisoners are detailed for imparting them necessary education.
Necessary recreational facilities, i.e. dramas and variety shows are provided by the Public Relations Department at reasonable intervals. Lectures are also delivered by the staff members of the sub-jail for their moral uplift.
In order to provide the prisoners with medical and health facilities, a six-beded hospital is attached to the jail and it is manned by one part-time Medical Officer and one whole-time Dispenser. The medical facilities are also available to the prisoners at the Civil Hospital, Hoshiarpur.
Canteen
A canteen has been functioning in the sub-jail since 1969. It provides necessary articles which are admissible to the prisoners according to the rules at a nominal profit. It is run by a reliable convict who supplies articles to the prisoners on coupon system.
The panchayat system has also been introduced in the
jail. The members of the panchayat are elected
by the prisoners and their elected representatives look after the betterment of
their inmates. They assist the convicts
working in the kitchen to draw their rations from the store and also supervise
the cooking activities and distribution.
There is no industry functioning in
the Sub-Jail, Hoshiarpur. However, the
sub-jail is running a poultry farm and a garden. Necessary details of the working of these from 1969 to 1975, are
given below:
|
Year |
Poultry |
Garden |
||
|
Production |
Profit |
Loss |
Net production |
|
|
|
(Rs) |
(Rs) |
(Rs) |
(Rs) |
|
1969 |
6,359.98 |
484.61 |
- |
15,082.26 |
|
1970 |
3,373.86 |
2,704.89 |
- |
12,664.61 |
|
1971 |
2,463.32 |
410.26 |
- |
10,251.00 |
|
1972 |
3,661.96 |
- |
1,209.85 |
16,384.40 |
|
1973 |
12,038.67 |
- |
1,858.83 |
22,161.00 |
|
1974 |
16,925.69 |
4,856.80 |
- |
17,478.37 |
|
1975 |
20,611.07 |
6,665.98 |
- |
20,658.76 |
(Source : Superintendent, Sub-Jail, Hoshiarpur)
It is observed that the visits of official and non-official visitors are highly useful to the prisoners as well as to the jail authorities. The official visitors personally take notice of the problems of the prisoners and check as to whether the rules and regulations are observed in the jail. The visits of non-official visitors provide a community touch to the prisoners and give them a felling of not being forgotten by the society.
District Probation Officer,
Hoshiarpur. – The Punjab Government passed the
Probation of Offenders’ Act in 1958. It came into force in the district in 1962
with the appointment of a District Probation Officer. He is under the control of the Chief Probation officer,
Chandigarh, who supervises and directs the work in the entire State under the
overall administrative control and guidance of the Inspector General of
Prisoners, Punjab, Chandigarh.
The
Probation of Offenders’ Act was a reformative measure for the juvenile offenders
(below the age of 21 years) and for first offenders, irrespective of their age
to save them from the walls of the jail.
The Act provides for the release of offenders on bail after entering
into a bond with one surety for an amount considered sufficient and for a
period up to three years, as desired by the court, keeping in view the
intensity of crime. The Act does not
cover those offenders who have committed an offence for which they can be
sentenced to death or life imprisonment.
Whenever, a juvenile or first offender is brought before the court with
some charges for which the benefit of Probation of Offenders’ Act, 1958, can be
given to the offender and as soon as the challan is put up by the police the
court asks for pre-sentences report from the District Probation Officer. The District Probation Officer enquires
about the offender’s character, antecedents, socio-economic and environmental
background and other particulars which the court directs him to enquires. Keeping in view the intensity of the crime
and the report submitted by the District Probation Officer, the offender is
released on probation with or without supervision.
Those
offenders who are released on conditional supervision are kept under the
supervision of the District Probation Officer who acts as a friend, philosopher
and guide to all the probationers. He looks into their personal problems and
tries to solve them. He impresses upon the probationers through personal
advice, persuasion and warning so that they may not violate the conditions of
the supervision order or commit any further offence and behave in conformity
with law. The probation Officer also tries to improve the behaviour, attitude,
habits, character and morale of the probationers so that they not revert to
crime. All this is done by arranging meetings with the probationers in their
villages and in the office of the
Probation Officer. The Probation Officer makes enquiries about the character
and behavior of the probationers from respectable persons of the village like
Sarpanch, Members of Panchayats and Lambardars, etc.
The
following table shows the numbers of prisoners released on probation on various
grounds, during 1970-71 to 1974-75 :-
|
Year |
Prisoners
released on Probation
|
|||
|
Under supervision |
Without supervision |
Under section 3 of Probation Act after admonition |
Social investigation reports |
|
|
1970-71 |
81 |
80 |
98 |
14 |
|
1971-72 |
34 |
113 |
179 |
15 |
|
1972-73 |
59 |
80 |
17 |
23 |
|
1973-74 |
62 |
83 |
109 |
12 |
|
1974-75 |
107 |
137 |
111 |
15 |
(Source
: District Probation Officer, Hoshiarpur)
(d) Organisation of Civil and Criminal Courts
As in the other districts of the state, the
organisation of judiciary in the Hoshiarpur District consists of a District and
Session Judge and an Additional District and Sessions Judge and an Additional
District and Session Judge at the district headquarters. On the criminal side, a Chief Judicial
Magistrate and, on the civil side, a Senior Subordinate Judge, work under the
superintendence of the District and Sessions Judge. At the district headquarters, the civil and criminal cases and
dealt with by 5 Judicial Officers who are allotted the work by the Chief
Judicial Magistrate and the Senior Subordinate Judge. Similarly, at the tahsil level (except Balachaur) there are
judicial officers who dispose of civil and criminal cases under the supervision
and control of the District and Sessions Judge. The civil cases are directly instituted in the courts at the
tahsil headquarters while as regards criminals cases, separate police stations
are allotted to different judicial officers who deal with the cases of those
police stations falling under their jurisdiction.
Civil
Justice. – The administration of civil justice
in the district is controlled by the District and Sessions Judge,
Hoshiarpur. He is assisted by an
Additional District and Sessions Judge, Hoshiarpur, Senior Subordinate Judge,
Hoshiarpur and 8 Sub-Judges-cum-Judicial Magistrates (4 posted at Hoshiarpur, 3
at Dasuya and 1 at Garhshankar). Out of
these, 8 are Ist Class ; the one posted at Hoshiarpur is IInd class.
The civil courts try all sorts of cases of civil
nature up to the powers with which each Sub-Judge or Senior Subordinate Judge
has been invested.
Additional District Judge, Hoshiarpur. – Additional and Sessions Judge, Hoshiarpur, works as Additional District Judge on the civil side. Appeals against the Judgments and decrees of Sub-Judges upto Rs 10,000 and cases under the Land Acquisition Act, 1894, and the Hindu Marriage Act, 1955, are heard by him.
Senior
Subordinate Judge, Hoshiarpur. – The Senior
Subordinate Judge hears cases of rents, succession certificates, insolvency
cases, guardianship cases and appellate work upto a certain limit, suits under
the Torts and the Indian Contract Act, 1872.
Sub-Judge
Ist Class. – All the Sub-Judges are
Subordinate Judges who have been invested with the powers of unlimited
jurisdiction of civil nature in their areas, including rent cases, succession
certificated and others.
The following statement shows the number of cases tried by civil courts in the district from 1969 to 1975 :-
|
Year |
Pending from the previous year |
Instituted during the year |
Total for disposal |
Disposed of during the year |
Balance at the close of the year |
|
1969 |
2,838 |
3,055 |
5,893 |
2,917 |
2,976 |
|
1970 |
2,976 |
3,355 |
5,801 |
2,505 |
3,296 |
|
1971 |
3,296 |
3,355 |
6,651 |
3,366 |
3,285 |
|
1972 |
3,285 |
3,149 |
6,434 |
3,269 |
3,165 |
|
1973 |
3,165 |
3,168 |
6,333 |
3,706 |
2,627 |
|
1974 |
2,627 |
2,573 |
5,200 |
2,589 |
2,611 |
|
1975 |
2,611 |
3,444 |
6,055 |
3,190 |
2,865 |
(Source
: Senior Sub-Judge, Hoshiarpur).
Criminal Justice. – The District and Sessions Judge, Hoshiarpur, is incharge
of administration of criminal justice in the district. He is assisted by an Additional District and
Sessions Judge and the Chief Judicial Magistrate and eight Judicial
Magistrates-cum-Sub-Judges (4 posted at Hoshiarpur, 3 at Dasuya and one at Gurhshankar).
On
the criminal side, the powers of the District Magistrate have been vested in
the Chief judicial Magistrate, Hoshiarpur.
With the separation of the executive from the Judiciary in the State on
October 2, 1964, the Chief Judicial Magistrate, Hoshiarpur functions under the
supervision and control of the District and Sessions Judge, Hoshiarpur.
The
Chief Judicial Magistrate and Judicial Magistrates deal with all types of
criminal cases except security cases.
The Chief Judicial Magistrate is vested with the powers of a Judicial
Magistrate Ist Class, viz. power to try juvenile offenders, to require delivery
of letters, telegrams, etc., to issue search warrants for documents in custody
of postal or telegraph authorities ; to release persons imprisoned for failing
to give security under section 106 ; to order police investigations into
cognizable case ; to entertain cases without complaints ; to transfer cases to
a Subordinate Magistrate ; and to report cases to High Court, etc.
All
Judicial magistrates try cases under the Indian penal Code, 1860, the Punjab
Excise Act, 1914, the Essential Commodities Act, 1955, and other Special Acts,
relating to their police stations under jurisdiction. They have the powers to direct warrant to land-holders ; to issue
search warrant for discovery of persons wrongfully confined ; to record
statements and confessions during police investigation ; to recover penalty on
forfeited bond and to order released convicts to notify residence, etc. All criminals apprehended by the police are
produced before the Judicial Magistrates in whose jurisdiction the criminals
may have been apprehended or in whose jurisdiction the crime may have been
committed.
After
investigation, the police put up the challans in the courts of Judicial
Magistrates who also act as Ilaka Magistrates and watch the investigation of
criminal cases. The Judicial
Magistrates have also been vested with the powers of Sub-Judges with varying
jurisdiction.
Cases
of security for keeping peace and security for good behaviour, under the
Criminal Procedure Code, after the separation of Executive from Judiciary, are
tried by the Sub-Divisional Magistrates of Hoshiarpur, Dasuya and
Garhshankar. They are also called upon
to perform executive functions in addition to the above types of cases.
The
following statement shows the number of criminal cases tried by the Criminal
Courts in the district during 1969 to 1975 :-
|
Year |
|
Regular cases |
Security cases |
Summary cases |
|
1969 |
- |
3,232 |
- |
3,864 |
|
1970 |
- |
3,186 |
- |
6,475 |
|
1971 |
- |
3,224 |
- |
7,733 |
|
1972 |
- |
2,748 |
- |
4,742 |
|
1973 |
- |
2,894 |
- |
3,813 |
|
1974 |
- |
3,369 |
- |
3,584 |
|
1975 |
- |
2,803 |
- |
4,957 |
(source
: Chief Judicial Magistrate, Hoshiarpur)