CHAPTER XII

LAW AND ORDER AND JUSTICE

v     Incidence of Crime in the District

v     History and Organisation of Police

v     Jails and Lock ups

v     Organisation of Civil and Criminal Courts

 

(a)  Incidence of Crime in the District

The characteristics of the inhabitants of the Patiala District are almost akin to that of their counterparts residing in Sangrur, Bathinda and Ludhiana districts. The crime statistics for the years 1976-1989 showed an upward trend upto 1988. There were 3,713 criminal cases registered in 1976 and 3,157 in 1988 in the district. The number, however, increased to 4,223 in 1989. The number of murders went up from 38 in 1976 to 88 in 1989. There was no case of dacoity and traffic in women in the district during 1976 to 1988. But in 1989, 5 cases of dacoity were registered. No case of rioting was reported in the district during the years 1982, 1985 and 1987 to 1989. The number of cattle lifting cases decreased during 1976-1989. Only one such case was reported during 1982, 1984 and 1986 to 1988. The incidence of crime under Local and Special Laws showed a mixed trend. It was, 1,435 in 1979, 1,044 in 1982, 999 in 1986 and 978 in 1989.

The trend of various crimes in the district during 1976 to 1989 is shown in the following statement:--

The important categories of crimes are described as under :

Murder.—The important motives behind murder are usually traditiona, that is illicit sexual relations, domestic quarrels, blood fueds, land disputes, lure of property, canal water disputes, personal enmity and party factions. Fortuidous crime is sometimes committed over minor and trifling issues in a sudden outburst of anger. There was fluctuation in the incidence of this crime in the district during 1976 to 1989, the minimum number of such cases being 36 in 1981 and maximum 92 in 1988.

Dacoity.—No case of dacoity was reported in the district during 1976 to 1986, but five cases were reported in 1989.

Robbery.—Robbery may be described as an eaggravated form of theft or extortion. There were 9 cases of robbery reported in the district during 1989.

Buglary.—It is an act of breaking into a house to commit theft or felony. This crime is very common both in the urban and rural areas of the district. There was much fluctuation in the incidence of this crime in the district during 1976 to 1989, the minimum being 76 in 1983 and the maximum being 182 in 1978. There were 174 cases of burgalary in the district during 1939.

Rioting.—Rioting takes place when an unlawful assembly of persons resorts to violent means which lead to arson and looting. No case of rioting was registered in the district during 1987-1989.

Theft.—The incidence or ordinary theft has drawn an upward trend in the district and mostly the increase has been reported from the urban areas of the district. Thefts in the rural areas take place in small numbers, because the village abadis are small and the inhabitants know one another. There was much fluctuation in the incidence of this crime in the district during 1976-89, the minimum number of cases being 177 in 1985 and maximum376 in 1977. There were 301 cases of theft reported in the district during 1989.

Cattle Lifting.—This crime is mostly prevalent in the rural areas and its incidence has shown an downward trend. There was much fluctuation in the incidence of this crime in the district during 1976 to 1989, the minimum being 1 in 1988 and maximum being 20 in 1978.

Cheating.—Cheating means a willful misrepresetation of a definite fact with intention to defraud. The incidence of this crime fluctuated between 21(1985)and 40(1988).

Offences 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, 11947. There has been much fluctuation in the number of crimes under this head during 1976 to 1989, the minimum being 978 in 1988 and maximum 1,435 in 1979.

Incidence of Motor Vehicle Accidents.—With the expansion of vehicular traffic, incidence of road accidents in the district has been on the increase. There were road accidents reported in the district during 1988 as against 113 reported in 1978.

Road Traffic.—Besides, the Indian Motor Vehicles 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, 1879, regulate the road traffic. The prosecutions launched in the district under the above laws, during 1976 to 1989, are given in the following statement:-

(a)   History and Organisation of Police

The present district of Patiala takes it geographical shape by amalgamation of various territories of erstwhile princely states of Patiala, Kalsia, Nabha and a few villages of then forming part of British territory. Hence the police system of the district before the formation of Patiala and East Punjab States Union (PEPSU) in 1956 was identical to that prevailing in the Patiala, Kalsia and Nabha princely states. However, in 1948 when the district was merged with PEPSU, it came under the system of police administration as prevailed in the Patiala Princely State.

The thana has always been the unit of police administration in the State. But, formerly the thanadars possessed judicial powers also. They were mostly illiterate men and each had an amin under him to carry on clerical work and to act for him generally in his absence. Outlaying posts at the distrance from a thana were under Ziladars, who were selected from amongst the constables or chormars and Chowkidars as they were then called. Till the reign of Maharaja Karam Singh, these thana functionaries were under the direct orders of the adalati in all police and judicial matters. Maharaja Narinder Singh divided the State into four districts and placed each under an officer called Naib-i-adalat. The thanadars were placed under the immediate control of these officers and as the clerical work in thanas had by this time increased, an assistant clerk or madad-muharrir was added to their establishment. In 1861, the office of naib-I-adalat was abolished and that of nazim created instead. At the same time, Tahsildars were given magisterial powers authorized to pass sentences of imprisonment upto 3 years, and named naib-nazims in their judicial capacity. The nazims were made Sessions Judges, and their courts findings were made Sessions Judges, and their courts findings were made appellate 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  as naib-nazims to carry on that work. The thana functionaries were then placed under naib-nazims, the nazim and the hakim-I-adalati sadar (commonly called the adalati) still continuing to be the chief of them all. This system remained in force till 1882.

In 1882, the Council of Regency organized the police department on the British model. District Superintendents of Police were appointed at salaries ranging from Rs 80 to 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 modeled 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 (A D 1885) of an Inspector General of Police with an adequate headquarters 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.

The above mentioned system of Police continued till PEPSU was formed in 1948, with headquarters at Patiala. Patiala was one of the districts of PEPSU. The district was governed by the Superintendent of Police who was under the control of the Inspector General of PEPSU. With the merger of PEPSU with Punjab in 1956, the police system in Patiala District became indentical to that of the Punjab.

On the merger of PEPSU with Punjab, Patiala, became district headquarters of Punjab. For police administration, it was put under the control of Deputy Inspector General of Police, Patiala Range, Patiala. At the district level, the head of the police force is the Senior Superintendent of Police who works under the general guidance and supervision of the District Magistate. The Senior Superintendent of Police is assisted by 2 Superintendents of Police, 8 Deputy Superintendents of Police, 16 Inspectors, 46 Sub Inspectors, 136 Assistant Sub-Inspectors, 424 Head Constables and 1,799 Constables.

(Source : Snior Superintendent of Police, Patiala)

 

Civil Police.—At the district level, Senior Superintendent of Police, Patiala heads the civil police force. There are 23 police stations and 12 police posts in the district. Each police station is under the charge of a Station House Officer, who is entrusted with the task of maintaining peace and to investigate offences committed in the area under the jurisdiction of his police station. In the discharge of his duties, he is assisted by an Assistant Sub-Inspector(s), a Head Constable, a Moharrir and a number of Constables.

Vigilance Police.—The Vigilance Bureau has been functioning in the State since December 1959. But the present nomenclature was adopted, w.e.f. 14 August 1972. 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 conduct investigation of criminal cases involving corruption on the part of 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 over the progress of Departmental proceedings on charges of corruption against public servants entrusted to other Department.

However, the Vigilance Department is not empowered to conduct enquiries against Ministers, Presiding Officers of Vidhan Sabha, Judges of High Court and Members of the Judicial Services. There are two Vigilance Bureau Units functioning in the Patiala District at the district headquarters. As on 31 march 1989, the staff consisted of 1 Deputy Superintendent of Police, 3 Inspectors, 1 Sub-Inspector, 1 Assistant Sub-Inspector, 1 head Constable and 10 Constables. Besides this Unit, a Flying Squad Vigilance Unit is also functioning at Patiala which covers the districts of Patiala, Ludhiana, Sangrur and Rupnagar. The Superintendent of Police, Patiala is also in charge of Vigilance Bureau, Patiala Range, Patiala. The sanctioned strength of Patiala Range, Patiala consists of 1 Superintendent of police, 2 Deputy Superintendents of Police, 6 Inspectors, 1 Sub-Inspector, 1 Assistant Sub-Inspector, 4 head Constables and 14 Constables.

Railway Police.—Railway Police is a part of the State Organization, but it works under the Assistant Inspector General, Government Railway Police, Punjab, with its headquarters at Patiala. It is not allotted to any district in particular. The circles of the Railway Police are formed according to the sections of the railway lines in which they control crime committed in railway trains and within the railway premises.

The main functions of the railway police are: to protect travelers from injury to person or loss to property; to maintain law and order at railway stations and in trains; to bring to the notice of the proper authorities all offences under Railway Act and breaches of bye-laws, and al cases of fraud oppression, etc. on the part of the railway officials; to keep railway platform clear of idlers and beggars and to keep a watch over suspicious persons, traveling with arms without licences; to search all empty carriages for property left behind by passengers; to control the hackney carriages plying for hire at railway stations and enforces the regulation of railway passengers entering railway stations on occasions of fairs, festivals, etc. Besides, the railway police patrols all passenger trains and provides escorts to important night trains.

There are 20 railway stations in the Patiala District and total area of 158 km railway line is being looked after by the government Railway Police. The total strength of Government Railway Police as on 31 March 1989 in the Patiala District included 1 Deputy Inspector-General, 1 Assistant Inspector General, 4 Deputy Superitendents of Police, 6 Inspectors, 33 Sub-Inspectors, 50 Assistant Sub-Inspectors, 249 Head Constables and 1,163 Constables.

Punjab Armed Police.—Besides Civil Police, Punjab Armed Police also helps in the maintenance of law and order in the district. 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. The total strength of Punjab Armed Police in the district during 1988-89 consisted of 1 Commandant, 3 Assistant Commandants, 7 Deputy Superintendents of Police, 8 Inspectors, 21 Sub-Inspectors, 18 Assistant Sub-Inspectors, 138 Head Constables and 652 Constables.

Excise Police Staff.—These officials are posted with the Excise and Taxation Officer/Officials.

Village Police.—The Chowkidar is at the lowest rung of the police organization. He helps the village Sarpanch in the maintenance of law and order. The village watchman helps in the detection of crimes. It is his duty to report the occurrence of any crime in the village to the concerned authorities.

Punjab Home Guards.—The Home Guards Organization came into existence in Juanary 1960 at the district level. The set up of Home Guards is divided into two wings, viz. rural wing and urban wing. In the rural wing, people from rural areas are enrolled at the rate of one company of 99 guards per community development block. In the Patiala District, there are 11 rural companies with the total strength of 1,075 gurads. In the urban wing, one company of Home Guard is raised after over 25,000 persons. There are 9 urban companies in the district (6 in Patiala City, 2 in Nabha and 1 at Rajpura). The total strength of Urban Home Guards in the district as on 31 March 1989 was 880 (including 76 women).

The Punjab Home Guards at Patiala has 1 District Commander, who is assisted by 5 Company Commanders, 6 Platoon Commanders, 9 Havaldar Instructors, 7 Corporal Instructors, 1 Sergeant Armour, besides,  other Class III and Class IV staff. The main functions and activities of the Home Guards are : to serve as an auxiliary to the police and to help in maintaining internal security for the community in every kind of emergency. E.g. an air raid, fire, flood, an epidemic, etc. It also guards various strategic points such as railway lines, power stations, etc. in the district, as and when required.

(c) Jails and Lock ups

There are a Central Jail (Suhar Ghar) at the district headquarters, a District Jail (Sudhar Ghar) at Nabha, an open Jail at Nabha and a Sub-Jail (Up Sudhar Ghar) at Bassi Pathana in the district. (Up Sudhar Ghar) at Bassi Pathana in the district. Besides, there are lock-ups attached to each police station, which are controlled by the Police Department.

Central Jai, Patiala.—It is located on Patiala-Nabha road. It came into existence before 1930 when Patiala was a Princely State. With the merger of PEPSU in Punjab in 1956, it came under the administrative control of the Inspector General of Prisons, Punjab. The Central Jail, Patiala is under the charge of the Superintendent of Jails, who is assisted by 1 Deputy Superintendent Grade-I, 1 Deputy Superintendent Grade-II, 9 Assistant Superintendents Welfare Officers, 2 Medical Officers, 1 Office Superintendent, 1 Accountant, 15 Head Warders, 123 Warders/Matrons, 1 Armourer, 16 Technical Instructors, 1 Teacher and other allied staff.

District Jail (Sudhar Ghar), Nabha.—District Jail, Nabha came into existence in about 1923. It is under the control of the Superintendent, Jail, who is assisted by 1 Deputy Superintended, 4 Assistant Superintendents, 1 Medical Officer, 1 Teacher, 3 Head Warders, 34 Warders, 36 Temporary Warders, 1 Matron, 1

Accountant and other allied staff.

The total admissions during the year, average daily population and maximum population on any one day in a year in the District Jail, Nabha during 1976 to 1989 are given in the following table:--

(Source : Superitendent, District Jail, Nabha and Inspector General of Prisons, Punjab, Chandigarh)

The number of convicted prisoners released on different grounds such as parole/furlough,bail, transfer remission, etc. during 1976 to 1989 is given below:

(Source : Superitendent, District Jail, Nabha and Inspector General of Prisons, Punjab, Chandigarh)

Sub-Jail or Up Sudhar Ghar, Bassi Pathana.—The Sub-Jail, Bassi Pathana functions under the supervision and control of the Sub Divisional Magistrate, Bassi Pathana. The total admissions, average daily population and maximum population on any one day ion the Up sudhar Ghar Bassi Pathana during 1976 to 1989 is given below:

(Source : Superitendent, Sub-Jail, Bassi Pathana and Inspector General of Prisons, Punjab, Chandigarh)

The total number of prisoners released on different grounds from the Up Sudhar Ghar Bassi Pathana during 1976 to 1989 is given in the following table:-

(Source : Superitendent, Sub-Jail, Bassi Pathana and Inspector General of Prisons, Punjab, Chandigarh)

Open Air Jail, Nabha. – The Open Air Jail, Nabha started functioning in November 1970. This is the only institution of its kind in the State. It was set up with the idea of reformation and rehabilitation of the prisoners so that they may become good citizens after their release. The convicts of this jail are provided with the environment and living conditions like those prevailing in the villages in the villages in the State. The prisoners work in the fields freely. The Open Air Jail, Nabha is functioning under the control of the Superintendent, Jail, who is assisted by 2 Assistants, 1 teacher, 1 Pharmacist, besides, other miscellaneous staff.

The canteen for the inmates is functioning in this jail from its inception. Panchayat system is also working in the jail. Festivals and other important days are celebrated in this jail with the help of the panchayat. The panchayat also helps in the functioning of jail canteen and in organizing other recreational and sports activities. A Government teacher is also posted in the jail who takes classes of the prisoners.

Educational, Recreational and Medical Facilities

The prisoners are being provided all facilities for improving their educational qualifications up to university level inside the Central Jail, Patiala and District Jail, Nabha. These jails also provide facilities for learning 3 R’s. There is one J B T teacher each at central Jail, Patiala and District Jail, Nabha under audult Literacy Scheme. Beside, more teachers from amongst the convicts are also appointed, if required.

In the field of recreational activities, two T V sets have been provided inside the Central Jail, Patiala to show films dramas, etc. to the inmates. Besides, books, periodicals and daily newspapers are also supplied to the prisoners at the Government expenses. The prisoners at associated in indoor and outdoor games such as football, volleyball, playing cards, chess, etc. which have been provided out of the prisoners welfare fund.

To look after the health of jail inmates, two Medical Officers and two Pharmacists have been posted. A 48 beded hospital and a T B ward is running inside the Central Jail, Patiala. Serious and emergent cases are referred to Rajindra Hospital, Patiala for specialized treatment and medicines are provided at the Government expenses.

A prisoners-co-operative canteen is working in the Jail. It is run by the convicts under the supervision of the Welfare Officer. Artcles like stationery, eatables, fruits, drinks and soap, etc. are sold at 10 per cent profit. The profit earned from the canteen is utilized for celebration of national and other festivals and cultural activities like dramas, symposiums, etc.

Panchayat System

A panchayat of the prisoners is functioning is each at the Central Jail, Patiala and Open Air Jail, Nabha. These have proved helpful in running the panchayats are elected by the prisoners who in turn look after the welfare of the prisoners.

Jail Industries

In the Central Jail, Patiala, jail industries have been organized for training to the prisoners in different trades, such as carpentry, textile, poultry, tailoring, printing press, carpets, durries leather work, tents, etc. Every prisoner is required to do his assigned work.

Textile is the main trade in the industry of this jails. Special type of durries and carpets are also prepared. There is separate trained technical staff for providing training to the prisoners in different trades.

There is one Deputy Superintendent Factory, who supervises factory affairs and for his assistance one Assistant Factory Supervisor is provided. To run the work smoothly, clerical staff has also been provided. Generally, the articles manufactured in the factory are supplied to Government departments.

Official and Non-Officer Visitors

The visits of official and non-official visitors to the jails are regulated under the Punjab Jail Manual. These are helpful to the inmates as well as jail authorities. The non-official visitors visit the jail to provide a community touch to the inmates. The prisoners feel that they have not been forgotten by the society. Similarly, the prisoners are also benefited by the official visitors as they personally take notice of the prison Act, 1894 and all rules, regulations orders and directions made or issued there under are fully observed by the prison management or not.

District Crime Prevention Society, Patiala.– The Crime Prevention Society was re-started with effect from 1 January 1980 for the welfare of prisoners under the chairmanship of the Deputy Commissioner, Patiala. The office of the District Probation Officer, Patiala was opened on 10 May 1966.

The Probation of Offenders’ Act, 1958 is 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 confines  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 degree 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 can be given to the offender and as soon as the challan is put up by the police in the court, the latter asks for pre-sentence report from the District Probation Officer. The District Probation Officer enquires about the offenders’ character, antecedents, socio-economic and environmental background and other particulars which the court directs him to enquire. Keeping in view the intensity of the crime and the report submitted by 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 them through personal advice, persuation and warning, the necessity for keeping good conduct during probation. The District Probation Officer also tries to improve the behaviour, attitude, habits, character and moral of the probationers so that they may not revert to crime. All this is done by arranging meeting with the probationers in their villages and in the office of the Probation Officer. The District Probation Officer makes enquiries about the character and behaviour of the probationer from respectable persons of the villages like Sarpanch, panchayat member, Lambardar, etc.

 

(d) Organisation of Civil and Criminal Courts

Historical Restrospect

Before the time of Maharaja karam Singh, the administrative and judicial work of the Patiala State was in the hands of the thanadars (faujdars of the Ain-i-Akbari), the collectors at revenue (ugraha) being under them. There was no treasury and no court. In each paragana, there was a thanadar, and in Suman (now in Sangrur District) and Patiala proper there were kotwals. Their Claims and offences, of whatever nature were disposed of after verbal enquiry . No record of orders were given by word of mouth. The people acquiesced in the decisions and seldom appealed to the Diwan or Wazir . There was no law in force, the customs and usages of the country were followed in deciding cases, and had the force of law. The panchayat system was generally in vogue, and boundary disputer specially were referred to arbitration. The administering of oaths (nem) to the litigants was a great factor in bringing cases to an amicable settlement. The offenders were generally friend, but habitual and grave offenders were imprisoned without any fixed term of years and were released at the pleasure of the presiding officer. In murder case, the offender’s relations were ordered to pay the price of blood to the heirs of the deceased by offering either a nata (female relative in marriage) or some culturable land or heirs cash, and thus to bring about an amicable settlement of the case, otherwise the perpetrator was hanged generally on a kiker tree, in some conspicuous place where the corpse was left hanging for many days. Barbarous punishment, such as maiming and multilation, were in force to some extent. Sometimes the face, hands feet of an offender were blackened and he was proclaimed by beat of drum, mounted on a donkey through the streets of the city.

Maharaja karam Singh began the work of reform by appointing an Adalati (Judicial Minister), but no line of demarcation was drawn between his powers and those of the thanadars. Orders in criminal cases were still given verbally, but in civil cases files were made and judgements written. Cases of proprietorship in land were decided by the Adalati, through they were transferred subsequently to the Diwan. During the time of Maharaja Narinder Singh five nizamats were marked off and nazims appointed to each, One tahsil comprised two thanas and sixteen tahsildars were appointed, who in addition to their revenue work, dealt with criminal and civil cases. Maharaja Narinder Singh introduced a Manual of Criminal Law,” The law of Sambat 1916,”for the guidance of criminal courts. In most respects, it was similar to the Indian Penal Code. In the reign of Maharaja Mohinder Singh, Tahsildars were deprived of their judicial and criminal powers and two naib-nazims were appinted in each nizamat to decide civil and sriminal cases and superintend the police. A code of Civil procedure, compiled from the British Indian Act VII of 1859 and Act XXIII of 1861 with suitable modifications, was introduced, which continued till the state become a part of the PEPSU.

On the formation of PEPSU, the High Court was completely overhauled and a Chief Justice was appointed. He brought in a high state of efficiency by pruning away unqualified and dishonest officers and laying  down a rigid code of behaviour for the judicial officers.

The judiciary in the Patiala District is headed by a District and Sessions Judge, with 5 Additional District and Sessions Judges at the district headquartes. He superintends both criminal and civil judicial work in the district. A Chief judicial Magistrate assists the District and Sessions Judge on the criminal side and a Senior Subordinate Judge and an Additional Senior Subordinate Judge work under him on the civil side. At the District headquarters, the civil and criminal cases are disposed of by the Chief Judicial Magistrate and Senior Subordinate Judge. Similarly, at the tahsil level, there are judicial officers who dispose of civil and criminal cases. The civil cases are directly instituted in the courts at the tahsil headquarters, while in regard to criminal cases, various police stations are allotted to different judicial officers who deal with the cases of those police stations allotted to their jurisdiction.

 

 

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