CHAPTER XII 

 

LAW  AND ORDER AND JUSTICE

 

(a) Incidence of Crime in the District

 

The  Nawashahr District was formed on 7 November 1995. It was taken out of the present district of Jalandhar and Hoshiarpur. Nawashahr tahsil of Jalandhar District and Balachaur tahsil of Hoshiarpur District were clubbed to form the new Nawashahr District. Therefore, the criminal tendencies of the inhabitants of Nawashahr District are almost the same to that of the people of adjoining districts of Jalandhar and Hoshiarpur. For the period of 1995-2000 the cases of culpable homicide and Dacoity have declined whereas cases of other types of crimes shows an upward trend.

In 1995-96, 10 cases of murder and 3 cases of culpable homicide were registered, but their number in 2000-2001 was 13 and 1 respectively. 48 cases of burglary, 59 cases of theft and 6 cases of kidnapping were reported in 2000-2001. During 1995-96 to 2000-2001, total  8 cases of dacoity and 13 cases of robbery were  registered in the district . In the years 1999-2000 and 2000-2001, only 1 case of traffic in women each year was reported. However, no case of cattle lifting, riots and counterfeit coining, was reported during the period 1995-96 to 2000-2001.

            The following table shows the incidence of various crimes in the Nawashahr District during 1995-96 to 2000-2001:-

 

Year

1995-96

1996-97

1997-98

1998-99

1999-2000

2000-2001

Murder

10

13

16

14

12

13

Dacoity

-

4

-

1

1

2

Burglary

15

29

23

37

35

48

Theft

17

31

26

45

60

59

Cattle Lifting

-

-

-

-

-

-

Robbery

4

2

-

2

1

4

Kidnapping

-

7

1

4

2

6

Traffic in women

-

-

-

-

1

1

Riots

-

-

-

-

-

-

Culpable Homicide

3

2

2

1

2

1

Counter Fiet  coining

-

-

-

-

-

-

Total  Cognizable Crimes

156

212

249

279

354

494

(Source : Senior Superintendent of  Police, Nawashahar)

 

 

            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.  Some of the motives in the offence of murder in this district as elsewhere in the State, include illicite sex relations, domestic quarrels, blood feuds, land disputes, money matters, canal water disputes, personal enmity, provoked quarrel, lure of property, etc. However, planned and predetermined murders cannot be ruled out. The incidence of this type of crime is mainly confined to rural areas as the people of rural areas are exceptionally revengeful by nature. The number of murder cases reported in the Nawashahr district in 1997-98 were 16 (being the highest) as against 13 in 2000-2001. The number of culpable homicide varies between 1 and 3 in the district during 1995-96 to 2000-01.

 

            Dacoity.- Dacoity is an act of robbery with violence, committed by band of armed dacoits. This heinous crime has become rare with the passage of time.  No case of dacoity was reported in the district during 1995-96 and 1997-98. There were  4 cases of dacoity in 1996-97, one each in 1998-99 and 1999-2000 and 2 during 2000-2001 in the district.

 

            Robbery.- Robbery is special aggravated form of either theft or extortion. It has been either non-existent nor quite negligible in the district. In the years 1995-96 to 2000-2001 the cases of robbery, vary between 1 and 4. Maximum being 4 in the years 1995-96 and 2000-2001.

 

            Burglary.- The act of breaking into a house to commit theft or felony is known as burglary. Burglars are usually  active during the summer  nights when people sleep outside in the open. Sometimes, burglaries are committed in the district by the criminals from adjoining areas or across the river, who after committing the crime again took shelter in their native villages. Burglary was also committed by some of the people who had exhausted the resources and had no means of livelihood. There was much fluctuation in the incidence of this  crime during 1995-96 to 2000-2001, the minimum being 15 in 1995-96 and maximum being 48 in 2000-2001.

 

            Rioting.- Rioting is the use of violence by an unlawful assembly of people which lead to arson or looting. Patrolling and other preventive measures adopted by the district police have eliminated it.  No case of rioting was registered in the Nawashahr District during 1995-96 to 2000-2001.

 

            Theft.- The incidence of theft has witnessed  an upward trend in the Nawashahr District during 1995-96 to 2000-2001. In Nawashahr District 17 cases of theft were reported during 1995-96 and 59 cases were reported during 2000-2001 and maximum being 60 in 1999-2000. The awareness among the people to report every case to the police for, registration is also one of the factor for increase in the number of reported cases of theft.

 

            Kidnapping.- Probably personal enmity and extortion  of money are the main reasons behind the kidnapping. In the Nawashahr District 7 cases (being the maximum) of this crime were reported during 1996-97 and 6 cases were reported in 2000-2001.

 

            Traffic in Women.-  Cases under this head are infact the cases of elopements. During 1995-96 to 2000-2001 the number of these cases are almost negligible.  Only 1 case each year was reported during  1999-2000 and 2000-2001 respectively.

 

            Cattle Lifting.- Not even a single case of cattle lifting was reported from Nawashahr District during the period of 1995-96 to 2000-2001.

 

            Offences Under Local and Special  Laws.-   In the Nawashahr District  the main local and special laws under whom the cases are reported, includes the Public Gambling Act, 1897, the Opium Act, 1878, the Indian Arms Act, 1878, the Punjab Excise Act, 1914, the Prevention of Corruption Act, 1947 and the Essential Commodities Act, 1955. Over the period from 1995-96 to 2000-2001, there has been a constant rise in the crimes under these heads. The minimum number of cases reported were 128 during 1995-96 and maximum being 238   during 2000-2001. The number of cases reported under these acts are given below:

 

Name of the Act

1995-96

1996-97

1997-98

1998-99

1999-2000

2000-2001

The Public Gambling Act, 1897

-

11

14

21

15

31

The Opium Act, 1878

41

58

57

44

52

80

The Arms Act, 1878

5

6

7

9

10

8

The Punjab Excise Act, 1914

75

73

60

85

80

94

Prevention of Corruption Act, 1947

-

-

-

-

1

3

Essential Commodities Act, 1955

3

1

1

-

-

-

Others

4

2

2

3

15

22

                                          (Source: Senior Superintendent of Police, Nawashahr)

Incidence of Motor Vehicle Accident.-  During the last decade of the twentieth century, the number of automobiles on the roads multiped very quickly, which resulted into the increase in the incidence of road accidents. The number of road accidents in Nawashahr District in 1995-96 was 16 only which increased to 116 during 2000-2001. The number of persons killed in these accidents increased from 13 to 72 during the same period.

            The number of road accidents, persons killed and persons injured in the Nawashahr district during  1995-96 to 2000-2001 are given below :

 

Year

Number of road accidents

Number of persons killed

Number of persons injured

1995-96

16

13

20

 

1996-97

79

50

113

 

1997-98

88

63

98

 

1998-99

172

70

123

 

1999-2000

96

48

107

 

2000-2001

116

72

98

 

                                     (Source: Senior Superintendent of Police, Nawashahr)

 

            Road Traffic.- Apart from the Indian Motor Vehicle Act,  1939 and Motor Vehicle Act, 1988, the road traffic is also regulated by various other acts such as, the Indian Penal Code, the Punjab Municipal Act, 1914 and Municipal Bye  Laws, the Stage Carriage Act, 1861, the Hackney Carriage Act, 1879, the Police Act, 1888, the Prevention of cruelty to Animals Act, 1890 and the Punjab Motor Vehicle Taxation Act, 1924. The Prosecutions launched in the Nawashahr District under various Act, during the period of 1995-96 to 2000-2001 are given in the below:

 

Name of the   Act

1995-96

1996-97

1997-98

1998-99

1999-2000

2000-2001

Indian Panel Code

183

154

216

280

325

374

NDPS Act

10

50

53

37

48

66

 Arms Act

1

6

7

4

17

9

 Excise Act

25

51

62

67

90

78

Others Act

6

11

16

16

27

46

                            (Source: Senior Superintendent of Police, Nawashahar)

 

 

(b) History and Organisation of Police

 

 History of Police

 

                        Till 7 November 1995, the present district of Nawashahr was the part of Jalandhar and Hoshiarpur Districts. Some organisation or the other has always existed in the past for the maintenance of law and order and to attend to the allied functions. The police administration at the district level was further organised under the British with the appointment of the Superintendent of Police. From time to time the police system has been re-organised in accordance with the recommendations of the Police Commission of 1861 (and the resulted Police Act V of 1861) the Second Police Commission of 1902, the Punjab Provincial Police Committee of 1925 (which submitted its report in 1926), the Punjab Police Commission of 1961, etc.

 

            The primary functions of the Police  are the prevention and detection of crime; maintenance of law and order; apprehension of offenders; escorting of and guarding prisoners, treasure, private or public property of which they may be placed in charge; and the prosecution of criminals.  They have however, various other duties to preform, of which some such as control of traffic, censorship of plays and  other performances and service of  summons in criminal  cases such as passport enquiries.

 

Organisation of District Police

 

            At the district level the head of police force is the Senior  Superintendent of 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, so for 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  of  crime in  the district  is   concerned, to Deputy Inspector General of Police. The Senior Superintendent of Police, Nawashahr is working under the administrative control of Director General of Police, Punjab through Deputy Inspector General of Police, Jalandhar Range in whose jurisdiction the district of Nawashahr falls. As on 31 march 2001 the strength of police in the district is shown in the table given below:

 

Serial

No

Designation

Strength of

Nawashahr District

Strength provided from other district

Total

1

Senior superintendent of  Police

-

1

1

2

Superintendent of Police

-

2

2

3

Deputy Superintendent

of  Police

2

2

4

4

Inspectors

2

2

4

5

Sub- Inspectors

9

9

18

6

Assistant  Sub- Inspectors

37

14

51

7

Head Constables

54

35

89

8

Constables

363

142

505

(Source: Senior Superintendent of Police, Nawashahr)

 

            The number of police stations and police posts functioning in each subdivision/ tahsils in the Nawashahr District, as on 31 march 2001 was as under:

 

Tahsil                             Police Stations                  Police posts

Nawashahr

Nawashahr

1 Jadla

 

 

2 Aur

 

Banga

1 Behram

 

 

2 Mukandpur

Balachaur

Rahon

 

 

Balachaur

 

 

Pojewal

 

                           (Source : Senior Superintendent of Police, Nawashahr )

 

            Civil Police.- At the district level, Senior Superintendent of Police, Nawashahr heads the Civil Police  Force. To maintain the law and order, in the district is divided into a number of police stations. The civil police is detailed for duty at the police stations/ police posts. 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 one or more Assistant Sub-Inspectors, a Head Constable, a Moharrir and a number of Constables.

 

            Railway police.- Railway Police is not allotted to any district in  particular but it is a part of a separate State Organisation functioning under  the Inspector General, Government Railway Police, Punjab with its headquarters at Patiala. 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 in the railway premises.

          The  main functions of Government Railway Police are to protect travellers from injury or loss to property, to maintain law and order  at railway stations and in trains, to attend 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 bye-laws, and all cases of fraud or oppression, on the part of railway subordinates; to keep platforms clear of idlers and beggars and to keep a watch over suspicious persons, and persons travelling with arms without a license; to search all empty carriages for property left behind by passengers; and to enforce the regulations of the railway authorities with regard to them. The functions and duties of Railway Police also include to have a         look over smugglers  and secret agents of other countries, to collect intelligence, etc. It also provides protection to passengers and VIPs/VVIPs by escorting them during day and night journey.

          There is only one railway police out post in the district, which is located at Nawashahr. The staff posted at this out post as on 31 March 2001 was 1 Head Constable and 6 Constables.

 

            Vigilance Police.- The main function of vigilance police is to eradicate corruption from government institutions. It investigates the complaints of corruption against government officials and also conducts inquiries into the criminal cases. The corrupt officials are caught red-handed  and cases are registered against them. However as on 31 March 2001 no unit of vigilance bureau was functioning in the Nawashahr District.

 

            Punjab Armed Police.- Besides Civil Police, Punjab Armed  Police also  helps in the maintenance of law and order in the State. It has an interesting  background. In the pre-partitioned Punjab, prior to 1947, there was a temporary force called Provincial Additional Police. It was largely manned by Muslims. So, with the migration of Muslim population at the time of partition, the Indian Punjab, got a very small portion of this force. To maintain the law and order in those disturbed conditions, extensive recruitment had been carried out immediately but it was restricted to ex-army men because men were needed at once and training to new recruits would have taken time. This rapid recruitment had its draw backs and a number of undesirables also crept into the force. To weed them out, this force was rechristened as Provincial Armed Police and thereafter designated as Punjab Armed Police in 1961. The main functions/duties of the Armed Police are; to protect rail or road bridges; to provide security to the VIPs; to  assist and protect the cash and staff of the Excise and Taxation Department at the check barriers. The personnel of Punjab Armed Police are also posted at strategic points and important installations. In the Nawashahr District personnel from 75th battalion of Punjab Armed Police (PAP) were posted at 132 K.V. Power House Sub-Station of Banga and personnel from 27th battalion of PAP were posted at  Indian Oil Corporation Depot, situated at Aur.

 

            Punjab Home Guards.- With civil emergencies in view are appreciating the need of public cooperation and interest a voluntary organization known as Punjab Home Guards was set up in 1960 in the border districts of Punjab and in all important towns of the State. It is a paramilitary organisation which has been set up  to assist the  police to maintain security at the  time of internal disturbances or any other external problems to maintain the law and order, to protect the canals, bridges and other Government buildings, to provide relief in the event of natural calamities  like flood, fire, epidemic, etc. Its functions also includes to guard railway lines & perform trains escort duty.

 

                        Excise Police.- The main functions of the Excise Police are to accompany to the excise staff while conducting raids to check crimes relating to infringement of excise laws such as illicit distillation of wine, smuggling of wine, theft of sales tax, etc. As on 31 March 2001, one Assistant Sub-Inspector, 2 Head Constables and 8 Constables were working in the district.  This staff was provided to the district by the Assistant Excise and Taxation Commissioner Kapurthala and Jalandhar.

           

            Village Police.- The Chowkidar is at the lowest level of police organisation and functions at the village level. He helps  the village Sarpanch  in the maintenance of peace in the village. He reports the birth and death to the Station House Officer of the area  fortnightly, gives information of crime, keeps surveillance of bad-characters residing in the village and report their movements. Besides, attending to watch and ward duties, he generally assists the public officer when on tour to the village.

 

(c)  Jails and Lock –ups

 

            There is no Jail (Sudhar Ghar) or  Sub-Jail in the Nawashahr District. The lock-up are attached to all the Police Stations in the district.

 

(d) Organisation of Civil and Criminal Courts

 

            There is no separate Sessions Division for Nawashahr District. It falls in the Sessions Division, Jalandhar*. Therefore, the judicial organisation of the Nawashahr District comes under the jurisdiction of District and Sessions Judge, Jalandhar. At the district headquarters there are two Additional District and Sessions Judges. For Criminal cases, a Chief  Judicial Magistrate and Additional Civil Judge (Senior Division), for civil cases, functions under the control and supervision of the District and Sessions Judge, Jalandhar. At the district headquarters, the civil and criminal cases are dealt with by Additional Civil Judge (Senior Division) and Judicial Magistrate Ist Class respectively. The work is allotted by the Civil Judge (Senior Division) and Chief Judicial Magistrate. Similarly at Subdivision level, Civil Judge (Junior Division ) and Judicial Magistrate Ist  Class dispose of civil and criminal cases under the control of the District and Sessions Judge.

 

* Prior to February 2000, the Subdivision Balachaur was under the     jurisdiction of     Sessions Division, Hoshiarpur

            Criminal and Civil Justice in the District.- Since the separation of the Judiciary from the executive, the administration of Justice  both on the Civil  and Criminal  side  is headed by a District  and  Sessions Judge, who is directly working under the High Court. He is assisted by an appropriate number of Additional District and Sessions  Judges depending upon the quantum of work along with a  Civil Judge (Senior Division ) and a Chief  Judicial Magistrate  and also the requisite number of Civil Judges  cum Judicial Magistrates posted at different places in the district upon the exigencies of work .

            In accordance with the powers which have  been vested with them the Civil Judge-cum-Judicial Magistrates in their  capacity as Civil Judges, try cases of civil nature, while criminal cases are dealt with in the capacity of Judicial Magistrate. 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 and Sessions Judges and Additional District and Session 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, rape, etc, the  appeals against the orders of Civil Judges, Judicial  Magistrates and case 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 criminal  cases. The work in the lower courts is supervised by the Chief Judicial Magistrate, who deals with all types of cases, which are   triable by the Session Judges except security cases. He is vested with the powers of Judicial Magistrate Ist Class and is empowered to try juvenile offenders, issue of search warrants, to release imprisoned persons  for failing to give security under Section 106 Criminal Procedure Code, 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 Magistrates try cases under the Indian Penal Code, 1860 as per Schedule mentioned therein, Punjab Excise Act, 1914, Essential Commodities Act, 1955 and other special Acts relating to their police stations. They have the powers to direct warrant to land-holders, to issue search warrant for discovery of persons wrongfully confined, to record statements and confessions during police investigation, to recover penalty on fortified bond to order released  convicts to notify residence, etc. All criminals apprehended by the police are required to be produced before the Judicial Magistrate in whose jurisdiction the crime may have been committed within 24 hours of their arrest.

                         The District and Sessions Judge, Additional District and Session, Judge, Civil Judge(Senior Division)-cum- Judicial Magistrate, Additional Civil  Judge(Senior Division ) cum- Judicial Magistrate Ist class and Civil Judges (Junior Division) cum Judicial  Magistrate  exercise the powers which are granted under the various provisions of Criminal Procedure Code and Civil Procedure Code and also which are specially invested in them by the government. Though Judicial Magistrates are empowered to hear criminal  cases 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 cases of security in keeping peace and security for good behaviour under Criminal Procedure Code are being tried by the Executive Magistrates who are still under the control and supervision of   District Magistrates.

            The  number of cases tried by criminal courts in the Nawashahr District during 1995-96 to 2000-2001 are given below:

 

Year

Cases brought    forward from   previous year

Cases reported

during the

year

Cases

admitted

Cases tried

Cases

Convicted

Cases Untraced

Balance

1995-96

468

286

286

396

21

-

358

1996-97

358

797

797

329

47

-

826

1997-98

826

485

485

334

60

-

977

1998-99

977

724

724

459

80

-

1242

1999-2000

1242

1078

1078

1311

401

-

1009

2000-2001

1290*

3492

3492

2891

1710

-

1891

                                                (Source: District and Sessions Judge, Jalandhar)

 

* Attachment of Balachaur Subdivision with Nawashahr District under    District & Sessions Judge,  Jalandhar, from February 2000

 

Civil Justice

 

            As far as civil cases are concerned, the Civil Judge (Senior Division), Nawashahr hears cases of rents, succession  certificate, insolvency cases, guardianship cases and  appellate work up to certain limit. The pecuniary cases are instituted in his court and are distributed by him amongst, the Civil Judges posted in the district, who have been vested with the powers of unlimited jurisdiction of civil nature in their areas including rent cases, succession certificates, etc.

            Nawashahr falls in the Sessions Division Jalandhar as there is no separate Sessions Division at Nawashahr. As on 31 March 2001, the District and Sessions Judge, Jalandhar was assisted by two  Additional District and Sessions Judges, One Civil Judge (Senior Division)-cum- Chief Judicial Magistrate, Two Additional Civil Judges (Senior  Division) cum – Judicial Magistrate Ist class and one Civil Judge (Junior Division) cum- Judicial Magistrate Ist class.

            The number of cases tried by the Civil Courts in the Nawashahr District during 1995-96 to 2000-2001 are given below:

 

Year

Cases brought from previous year

Cases reported during the year

Cases admitted

Cases tried

Cases convicted

Cases untraced

Balance

1995-96

1,300

1,252

1,252

485

-

-

2,067

1996-97

2,067

2,391

2,391

1,732

-

-

2,726

1997-98

2,726

2,876

2,876

1,677

-

-

3,925

1998-99

3,925

2,687

2,687

2,038

-

-

4,574

1999-2000

4,574

2,203

2,203

1,840

-

-

4,937

2000-2001

5,399*

4,055

4,055

3,655

-

-

5,891

                                                (Source: District, and Sessions Judge, Jalandhar )

 

*Attachment of Balachaur Subdivision with Nawashahr  District under District and Sessions Judge, Jalandhar from February 2000

 

            Prosecuting Agency.- Previously the Government  cases in the Civil Courts and in the Sessions Court were represented by District Attorney and Assistant District  Attorney who were controlled by the Legal Remembrancer. They were assisted by Public Prosecutors appointed by the Government from amongst the members of Bar. The Prosecuting Agency conducted the criminal cases for the State in the courts of Magistrates.  But the Prosecuting Agency was separated from the Police Department with effect from 1 April 1974. The posts of Prosecuting Deputy Superintendent of Police, Prosecuting Inspectors and  Prosecuting Sub-Inspectors in the Police Department were abolished and Directorate of Prosecution and Litigation was set up in the State under the administrative control of the State Home Department.

            In the district, the Prosecuting Agency is divided in two wings, namely, District Prosecuting agency and Legal Advisory Agency. The head of  Prosecuting Agency in the district is the District  Attorney who is assisted by Assistant District  Attorneys and Assistant District Attorneys Grade-II, who have been  appointed as Additional Public Prosecutors and Assistant Public Prosecutors, respectively  under the code of Criminal Procedure and are also appointed as government pleaders under  the code of Civil  Procedure. Thus the District Attorney, with the assistance of Assistant District Attorney Grade-I and Assistant District Attorney Grade-II conducts criminal and civil cases of the State and its officers in the various courts in the district. The District Attorney appears in the courts of Sessions Judges, the Assistant District Attorney Grade-I work in the court of Additional  Sessions Judge, where as the  Assistant District Attorney Grade-II work as Assistant Public Prosecutors in the courts of the Magistrates. They also advise the District Magistrates and other Heads of offices in the district on matters involving legal points. The District Magistrate in the district, supervises and controls the functioning of the Prosecuting Agency.

            The District Attorney, Nawashahr is in charge of the Prosecuting Agency in the district whose office was established in November 1998. He is assisted by one Deputy District Attorney, 3 Assistant District  Attorneys besides miscellaneous class III and IV staff.

            Previously, the Prosecution and Litigation Department, Punjab also provided free legal aid to the poor persons as defined in the Punjab State  Grant of Free Legal Service and Advise to the Poor Rules, 1977. For this purpose, Legal Aid Bureau was set-up through out the State. But it was in the year 1990 ( on 6 December 1990 to be precise) that the Punjab State Legal Service Board came into  existence in the form of the Punjab State   Grant  of Free Legal Service to the Poor Rules, 1990. It was in March 1991 that the Directorate of Legal Services created by that  legislation took a few initial steps. The main features of the Scheme are: to provide free legal services to all eligible including those belonging to Scheduled Castes, Backward Classes and economically weaker sections of the society; to organize Lok Adalats in the States  of  Punjab in order to provide cheap, conciliatory and expeditious, workshops, para legal  literacy camps and conferences for creating awareness in the public of the aims of legal service programmes.

            Each District Level Legal  Service Committee is headed by the District and Session Judge (as Chairman, with the Deputy Commissioner as proposed Co-Chairman) having official and non-official members. Similarly, the Chairman of the Subdivisional level committee is the Additional Senior Sub Judge or Sub Judge Ist Class (whoever is posted there). This committee again has mixed official and non-official members with Sub Divisional Magistrate as the Co- Chairman.

            The Director Legal Services, Punjab is in turn assisted by two officers of the Superior Judicial Service (i.e. of the rank of Additional District and Sessions Judge) with the technical designation of Member Secretary  District Level Committees (their headquarters being at Patiala, Chandigarh and Jalandhar) who are also designated as Additional Directors Legal Services. Each of these officers is in change of 6 Sessions Divisions or Districts of the State to co-ordinate various Legal  Aid Programmes. The field staff consists of an Assistant District Attorney-Cum-Assistant Public Prosecutor-cum-Law Officer, technically designated as Members Secretary subdivisional level Legal Service Committee and commonly known as ADA (Legal Aid). This Law Officer is posted at each of the 17 district headquarters to implement the various programmes including providing of legal aid/advice to poor, managing Mediation Centres (Razinaamas Kendra) organising para legal literacy  camps/seminars/conferences of the District and Sub divisional level ( in urban as well as rural areas). These officers are stationed at the district headquarters and each of them visits subdivisional headquarters once a week according to a fixed scheduled.

 

Lok Adalats

 

            The other main object of framing the said rules of 1990 is to organize Lok Adalats to secure that the operation of the legal system promotes cheap, conciliatory and speedy justice on the basis of equal opportunity. The main purpose of Lok Adalats is to decide the pending court cases by way of compromise and   amicable  settlement so that financial resources and time of the litigants may be saved while their enmities be reduced.

                        As on 31 March 2001, a total number of  3,306 applications in Lok Adalats in Nawashahr District were received. Out of which 72 applicants were given free legal advice and 3,231 applicants were given free legal aid.

            Gram Panchayat Courts.- Under the Punjab Gram Panchayats Act, 1952 (which has been  replaced by Panchayati Raj Act, 1994) certain civil, criminal and revenue powers are given to the panchayats. Under the Act, the panchayats have been empowered to dispose of petty cases of various categories. The panchayats being elected bodies, however, do not generally consist of person with an adequate knowledge of law. The usual formalities of procedure are thus conspicuous by their absence in the trial  cases by a  panchayat.

 

(e) Bar Association

 

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

            As on 31 March 2001, two Bar Associations one each at Nawashahr and Balachaur were functioning in the District. The Bar Associations of Nawashahr and Balachaur were established in the years 1915 and 1980 respectively. The membership of these two Associations was 120 and 28 respectively.

 

 

 

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