The Tribune – Simranjit Singh Mann seeks stay on Rajoana’s hanging

Tribune News Service

Chandigarh, March 13. Fearing that Beant Singh assassin Balwant Singh Rajoana may be hanged to death like Ajmal Kasab and Afzal Guru, Shiromani Akali Dal (Amritsar) president Simranjit Singh Mann today moved the Punjab and Haryana High Court for staying his execution till rules and regulations for condemned prisoners were framed and notified.

Describing as ambiguous and arbitrary the rules contained in the Punjab Jail Manual, Mann said the manual did not provide for “communication to the family of the condemned prisoner regarding his execution by the jail authorities”.

It also did not provide for handing over the hanged prisoner’s body to his family.This was violative of Articles 19, 21 and 25 of the Constitution, he argued.

http://www.tribuneindia.com/2013/20130314/punjab.htm#16

The Tribune – Take steps to check depleting water table: High Court to government

Tribune News Service

Chandigarh, March 2. The Punjab and Haryana High Court has taken a serious view of inaction on part of the Punjab Government and Punjab Urban Planning and Development Authority (PUDA) to prepare a concrete action plan for meeting the challenge of depleting underground water level.

The rap on the knuckles came during the resumed hearing of a petition filed in public interest by advocate H C Arora.

He was seeking enforcement of notifications issued by the Central Ground Water Authority (CGWA) for declaring a number of blocks in Punjab as “notified areas” and for banning the use of underground water in the construction of buildings.

Directions were also sought for appropriate directions to the State of Punjab to permit construction only by utilising treated water from sewerage plants. Taking up the matter, the Division Bench of Chief Justice Arjan Kumar Sikri and Justice Rakesh Kumar Jain observed that the steps taken by the Punjab Government and PUDA were not sufficient.

Mere issuance of notifications or instructions to the deputy commissioners was not enough. Steps were required to be taken by the government and PUDA to chalk out a concrete action plan for the enforcement of such notifications by the appropriate authorities.

“The notification declaring Ludhiana as a notified area” was issued in 1998, and similar notifications declaring Moga and Sangrur were issued in 2006, yet till date those notifications banning construction by using underground water have not been enforced? What is the concrete action plan with you for the enforcement of these notifications? Why don’t you ensure that only sewerage treated water is used for construction of buildings?” were several questions put by the Bench to the counsels for the Punjab Government and PUDA.

PUDA, along with its reply, had earlier enclosed a circular dated February 27 addressed by PUDA Chief Administrator directing the DCs to ensure implementation of notifications issued by the CGWA. It was also stated by PUDA that provision for rainwater harvesting had been made in Building Rules through a notification dated August 25, 2010.

While adjourning the PIL to April 25, the Bench directed to the respondents produce before the Bench a concrete action plan for enforcing the ban against the use of ground water for construction of buildings and other measures for checking the depleting level of water table.

http://www.tribuneindia.com/2013/20130303/punjab.htm#13

The Tribune – High Court : Akali MLA interfered in police, judicial functioning

Tribune News Service

Chandigarh, January 18. For years, politicisation of the police force in Punjab has been a matter of guesses and surmises, but a scathing order by the Punjab and Haryana High Court has brought out the sordid reality of interference by legislators in the justice delivery system.

In a major embarrassment for the SAD-BJP government, the high court has minced no words to say that a SAD MLA not only interfered in the independent functioning of the police force, but also encroached upon the legal powers of the police and, perhaps, even the courts.

The judgment came after the court found substance in the allegations levelled by the managing director of a company that Mansa MLA Prem Mittal intervened to direct the registration of an FIR, though the allegations involved a “simple business transaction”.

The verdict comes at a time when the Opposition is alleging “gross politicisation of the Punjab Police”. A fortnight ago, Union Minister of State for External Affairs Preneet Kaur had alleged SAD-BJP MLAs or “halqa in charge” were appointing SHOs and later dictating terms to them.

Quashing the FIR on a petition filed by GV Bhaskar Rao and other petitioners, Justice Ranjit Singh asserted: “Interference in the exercise of police to act independently to register crime and investigation thereof is one of the issues raised in the present petition.”

The complainant, instead of approaching the police, went to Mittal, who recommended the registration of an FIR against Kaveri Seed Company Limited, Secunderabad, for fraud.

The endorsement was made on April 2, 2012. Within three days, the SP endorsed it to the SHO for inquiry and the FIR for cheating and criminal conspiracy was registered in about a fortnight thereafter at the Mansa City police station.

Justice Ranjit Singh added the perusal of the FIR tends to lend support to the petitioner’s allegations and complaint that at the most civil liability of a business transaction has been moulded to criminality, just because of political influence.

“The command of political masters was too much to bear by even the head of police of the district. The SHO was prompt in obeying the command by setting the criminal law in motion.”

“The allegations pertained to 2009. The complainant waited too long for over three years before he made the present approach for registering an FIR. It is noticed that the police generally does not oblige such a late complainant and otherwise also it is not very easy to set the process of criminal law in motion unless it is put on some wheels. The police in this case has rather acted with promptness, may be because the application was put on wheels of speed by the local MLA,” the judge said.

“I do not think if the elected representative of the area has realised the implication of his action. Even if it be so, the consequences are quite serious. He is seen encroaching upon the powers of the police and may be of the courts.”

http://www.tribuneindia.com/2013/20130119/main2.htm

The Tribune – After High Ccout ruling, 1984 riot victims demand houses

Tribune News Service

Ludhiana, December 25. Ever since the High Court asked Mohali and Ludhiana district administration to allot accommodation to riot victims, people affected by the riots in other districts have also begun to demand the same.

The accommodation would be provided on the basis of a lottery system. Adhering to the Court orders, the authorities in the two districts have begun to make lists of the victims. Moreover, the highest number of Danga Peerats is registered in these districts.

But Punjab has 22 districts and there are riot victims in almost every district. On this issue, a civil writ petition was filed by the riot victims in the High Court.

An official in the Revenue Department, Chandigarh, said the riot victims from Jalandhar and Amritsar had been approaching the Ludhiana District Administration to accommodate them as well.

The official said a letter, inquiring as to what should be done in this matter, was also sent to the Financial Commissioner, Revenue, from Ludhiana District Administration recently.

“A meeting on this issue should be held with all the district heads. At the same time, the riot victims in other districts should also be considered in the allotment process in Ludhiana and Mohali districts,” said the official.

http://www.tribuneindia.com/2012/20121226/punjab.htm#16

The Tribune – Renovation of historical building; Pending bill payment, INTACH stops work

Balwant Garg, Tribune News Service

Faridkot, November 28. The Indian National Trust for Art and Cultural Heritage (INTACH), a non-government organisation (NGO), has complained to the Building Construction Committee of the Punjab and Haryana High Court against the state government for the alleged breach of contract and non-payment for the work done by it.

The INTACH has stopped the renovation work of the historical District Court Complex in Faridkot for the non-payment of over Rs 1.60 crore bills by the PWD (B&R).

To renovate this historical building, the INTACH and the Punjab Government had entered into a contract in August 2010. This project worth Rs 11.72 crore was allotted to the INTACH after its meeting with the Building Construction Committee and PWD (B&R) on August 24, 2010.

As per the agreement, the state government had to make progress payment to the INTACH.

The NGO started the renovation work of the District Courts Complex about 18 months ago. The cash-strapped PWD (B&R) has not paid anything to the INTACH for the past nine months. “The last payment was made in February 2012.

The INTACH’s outstanding dues towards the Punjab Government are over Rs 1.60 crore,” said a senior functionary of the NGO.

“We had requested the state government several times and even wrote to the chairman of Building Committee on October 24. But no funds were released. Now, we have stopped the work,” he said.

Ravi Bhagat, Deputy Commissioner, Faridkot, said funds would be released within a week. “We are hopeful that the INTACH will soon resume the work,” he said.

Sources said after the INTACH brought the matter to the notice of the High Court, the latter questioned the state government for the delay in releasing funds. Subsequently, the government assured the court that funds would be released soon.

The Building

* The Faridkot District Court Complex building is over a century old

* Elegantly designed in European style, its beauty lies in its magnificent architecture

* Its floors, ceilings, walls and arched openings have been constructed with artistic precision

About INTACH

The Indian National Trust for Art and Cultural Heritage (INTACH), is a Delhi-based NGO. It was founded by former Prime Minister Rajiv Gandhi in 1984. The INTACH works to sensitise the people about India’s pluralistic cultural legacy and protect and conserve the country’s heritage.

http://www.tribuneindia.com/2012/20121129/punjab.htm#6

The Tribune – HC raps Punjab Police for shielding culprits

Saurabh Malik, Tribune News Service

Chandigarh, November 24. In an unusual and damning judgment by the Punjab and Haryana High Court on the functioning of the law enforcement agency in Punjab, the Bench has minced no words to say that the tendency to prepare multiple reports by Punjab Police officers for exonerating the accused or substituting them was “tremendously” increasing.

Indicting the police in severe terms, Justice Mehinder Singh Sullar also directed the Principal Secretary (Home) to intervene. “This illegal conduct of the Punjab Police is giving rise to multiplicity of variety of litigation,” Justice Sullar asserted.

The scathing observations, made in a five-page order, a copy of which is in possession of The Tribune, have far-reaching consequences not just for the much-criticised Punjab Police but also for those implicated by the police for giving clean chit to culprits.

The Case

During the preliminary hearing of a petition, Poonam Anand versus the State of Punjab, it transpired that initially a criminal case was registered, among others, against accused Inderjit Anand, his son Navil Anand, wife Poonam Anand, brother Harish Kumar Anand, Sudhir Syal, Upesh Kumar Gupta, Krishan Kumar Gupta and Dheeraj Walia on the complaint of Punjab National Bank’s senior manager.

The FIR was registered at a Ludhiana police station on March 2 for cheating, forgery, criminal conspiracy and other offences on the allegations of preparing and using “false and forged cheque as genuine and apportionment of fraudulently withdrawn huge amount” on the basis of the forged cheques. After the completion of investigation, the challan or the final report was submitted against all the accused.

The Anomaly

Justice Sullar asserted: “Although legally speaking, the police almost becomes functus-officio (having discharged duty) after submission of the final police report as contemplated under Section 173 of the CrPC, except further investigation in case some fresh evidence is obtained, that too with the prior approval of the trial court”.

Referring to the case in hand, Justice Sullar added “strange enough” a police party, in garb of subsequent reinvestigation after the submission of challan, exonerated accused Harish Anand, Navil Anand and Poonam Anand on an application filed by an accused.

Again, the police exonerated the remaining accused Sudhir Syal, Krishan Kumar Gupta and Upesh Kumar Gupta by submitting a second report.

The Observations

Justice Sullar ruled: “As strange as it may sound, strictly and truly speaking, the tendency and frequency of some of the officers of the Punjab Police to prepare subsequent report of reinvestigation, exonerating or substituting the accused after the submission of final report has been tremendously increasing day by day… To my mind, it’s a very serious lapse, which requires immediate attention of the appropriate state authorities in order to maintain the rule of law.

Therefore, the Principal Secretary, Home, is directed to conduct a detailed inquiry into the matter, fix responsibility, take appropriate action against the erring police officers, suggest remedial measures in order to avoid any reoccurrence of such illegal events in future and submit his report to the court within two months positively”.

http://www.tribuneindia.com/2012/20121125/punjab.htm#1

The Tribune – Supreme Court notice to Centre on plea for distinct identity for Sikhs

R Sedhuraman, Legal Correspondent

New Delhi, October 25. The Supreme Court has issued notice to the Centre, seeking its response within six weeks on a plea for a “separate and distinct” identity for Sikhs in laws relating to succession, adoption, divorce and maintenance.

A three-member Bench headed by Chief Justice Altamas Kabir has asked the Law Ministry, Attorney General GE Vahanvati and the Minority Affairs Ministry to give their views on whether Sikhs, Jains and Buddhists could be included in laws meant exclusively for Hindus.

According to petitioners Birendra Kaur and Rohit Garg, the Anand Marriage (Amendment) Act 2012, notified in June had solved only the problem of registration of marriages by Sikhs, Jains and Buddhists. Earlier, they had to register their marriages under the Hindu Marriage Act 1955.

For other matters relating to succession, adoption, divorce and maintenance, people professing these three faiths still had to resort to the Hindu Succession Act, 1956, the Hindu Adoptions and Maintenance Act, 1956 and the Hindu Minority and Guardianship Act 1956, they contended.

The petitioners questioned the wisdom of including Sikhs, Jains and Buddhists under the laws were meant only for the Hindus, if one were to go by the titles. “When all the four religions stand admittedly on an equal footing and are independent of each other, is it right for the legislature” to mention just one religion in the title, they wanted to know.

“Making a law applicable to all religions is one thing. Calling all religions by the name of a single religion for the purpose of law is quite another,” they said, contending that this amounted to discrimination.

According to them, the word “Hindu” in the titles of these laws should be replaced with either “national” or “Indian.”

Further, under the existing laws divorce was allowed on the ground of change of religion by a spouse. However, this was not possible if one of the partners in a Sikh marriage converted either to Hinduism, Jainism or Buddhism.

“This is true of married couples of all the four religions. Thus the word ‘Hindu’ is patently discriminatory. For example, if one of the Hindu partners converts to the Parsi religion, divorce is possible. If the partner converts to Buddhism, divorce is not possible,” the petition explained.

This problem, arising from “linguistic errors in legislative drafting,” was against the Constitution which had accorded equal status and independent identities to Hinduism, Sikhism, Buddhism and Jainism, the petitioners said.

“Identity is an innate and powerful emotional feeling and is part of the right to life. That the Sikh identity be preserved as a separate and distinct identity while drafting statutes causes no difficulty for the State at all and it requires only a little sensitivity while drafting statutes to maintain this identity within the statute itself,” they averred.

The petitioners had approached the Punjab and Haryana High Court with their plea on September 30, 2011, but the court dismissed it three days later, prompting them to move the SC. The SC Bench, which included Justices SS Nijjar and J Chelameswar, passed the order last week when the appeal came up for hearing.

http://www.tribuneindia.com/2012/20121026/main9.htm

The Tribune – Fast track trial in crimes against women: High Court to Punjab, Haryana

Tribune News Service

Chandigarh, October 18. The disposal of cases of heinous crimes against women such as rape and dowry deaths in the courts of Punjab, Haryana and Chandigarh has come under the scanner of the Punjab and Haryana High Court.

In a directive to the district and sessions judges of the two states and Union Territory, the high court asked them to ensure expeditious disposal of the trial of heinous crimes against women under sections 376 (rape) and 304-B (dowry death) of the Indian Penal Code.

The Chief Justice of the Punjab and Haryana High Court has also asked District and Sessions Judges to send a monthly progress report of such cases by the 10th of every month, a Haryana Government spokesman said here today.

With egg on its face following the spurt in crime cases, especially incidents of rape, the Haryana Government had on October 4 unveiled a multi-pronged strategy to tackle crime against women. Fast-tracking and monitoring of all cases of heinous crimes against women under trial in various courts in Haryana were the measures requested by the Haryana Government to the high court.

Acting on Haryana’s request, the high court went a step further and brought Punjab and Chandigarh under the purview of fast-tracking of cases of crime against women.

The Haryana Government has already constituted a three-member monitoring committee at the district level to investigate and monitor cases of crime against women and ensure speedy trial. The committees, comprising the District Magistrate, Superintendent of Police and the District Attorney, will monitor such cases fortnightly, which will go a long way in speeding up the disposal of crime cases against women.

http://www.tribuneindia.com/2012/20121019/main1.htm

The Tribune – It’s sand rush for Punjab politicians

Cutting across party lines, politicians have made major inroads into the mining business over the past decade-and-a-half. In the process, they have cared two hoots about environmental degradation. The escalating prices of sand and gravel is another issue of concern

Ruchika M. Khanna, Tribune News Service

Chandigarh, August 26. After liquor business, it is sand mining that has turned out to be the latest money-spinner for Punjab politicians. That sand and gravel prices have risen by about 50 per cent in the past one year alone is enough to gauge why mining is such a lucrative business.

A year ago, sand used to sell at Rs 1,300 per 100 cubic feet; the same quantity is now available for Rs 2,200. Similarly, gravel at present is selling at Rs 3,100 per 100 cubic feet, against Rs 2,400 in 2011.

Armed with muscle power and with government officials under their thumb, leaders cutting across party lines have been indulging in the practice to the hilt, often unmindful of the fact that excess of it can lead to large-scale environmental degradation. Due to illegal sand mining, the lower ‘kandi’ (marshland) hills in Ropar have already vanished while the Sutlej has started changing its course in Nawanshahr and a few places in Ludhiana.

Charging illegal royalty

Mining, on an average, yields Rs 2.5 crore to Rs 3 crore a day as illegal royalty for politicians who now control mining operations across the state.

Until 15 years ago, sand mining in Punjab was not really on the radar of politicians as they were dabbling in liquor trade. It was in 1997 that a cousin of a Cabinet minister, who himself happened to be a close relative of the then chief minister, got into the mining business as partner of a Ropar-based sand mining contractor.

The next to follow suit was the son-in-law of a former Punjab Pradesh Congress Committee president and former MLA from Dera Bassi who along with the brother of a senior Congress MLA from Gurdaspur district joined hands with sand mining contractors in Ropar, Mohali, Ludhiana, Patiala and Moga.

A former Akali Dal MP started controlling operations in Moga while a brother of a then SAD minister, who was also into liquor business, took over the reins in Ludhiana.

Cashing in on realty boom

By this time, not just politicians but even bureaucrats in the state had realised that with realty boom in Punjab as well as neighbouring states, sand mining was the latest jackpot. Thereafter, politicians and ‘babus’ (enjoying political clout) started forming an unholy alliance to control mining.

The menace began to grow leaps and bounds after the son of a Congress MLA caught the fancy of the trade in 2003. He is said to have suggested politicians to keep their party differences aside and join hands to maximise their profits by throwing local contractors out of the trade. With this began centralisation of the illegal activity under the command of ruling politicians.

By 2007, the exercise was complete and ruling politicians had gained complete control of the sand mining operations across the state. In fact, those controlling the trade would also charge illegal royalty from stone crusher owners, builders or whosoever needed the gold dust. As such, rates of sand and gravel increased substantially over the past five years.

High Court cracks the whip

It was only recently that the Punjab and Haryana High Court made environment clearance mandatory for sand mining in quarries less than five hectares in area. The order, which may extend up to eight months (the time needed to get an environment clearance), has temporarily brought the illegal activity to a halt.

Government all set to auction 25 quarries in September

With economic interests overshadowing everything else, politicians have reportedly again joined hands to ensure that 25 quarries spread across the state on 10,800 acres (for which the state government has obtained environment clearance) are auctioned at the earliest. Sources said the auction of these quarries was already in progress. The auction notice is expected by the month-end and auctioning will take place in September. This means, mining operations will again resume after remaining suspended for five weeks.

Prices skyrocket

Sand used to sell at Rs 1,300 per 100 cubic feet a year ago; the same quantity is now available for Rs 2,200. Similarly, gravel at present is selling at Rs 3,100 per 100 cubic feet, against Rs 2,400 in 2011.

DyCM orders action

Government officials claim they have taken several steps to curb illegal mining in the state. “Deputy Chief Minister Sukhbir Singh Badal has told deputy commissioners and top police officials that they will be held responsible if they fail to check the illegal practice. Apart from this, sites where illegal mining is on will be identified and regularised as quarries, if environmental clearance is accorded. The issue will again be discussed with general managers of district industries centres and mining officers in a meeting in September,” said AR Talwar, Principal Secretary (Industries).

http://www.tribuneindia.com/2012/20120827/punjab.htm#1

The Tribune – Decide on riot victims’ plea in 3 months, HC tells state, Petition filed over rates of booths allotted to them by GMADA

Saurabh Malik, Tribune News Service

Chandigarh, August 18. The Punjab and Haryana High Court has set a three-month deadline for Punjab Principal Secretary, Department of Home Affairs and Justice, to decide whether the price determined by GMADA (Greater Mohali Area Development Authority) for allocation of booths to the 1984 anti-Sikh riot victims has in it an element of profit.

The Principal Secretary will also decide whether allotments were required to be made at the rates prevailing in 1993-94, when some of them were “discriminately left out”. He will also see whether the government policies prescribe imposition of interest on the installments payable by the victims.

The directions by the Division Bench of Justice Surya Kant and Justice RP Nagrath came on a petition filed by Harbans Singh and other riot victims against the State of Punjab and other respondents.

After one or even two rounds of legal fight, they were offered alternative booth sites by GMADA vide memo dated March 29.

According to it, the petitioners were required to vacate the shops unauthorisedly occupied by them in front of Gurdwara Amb Sahib in Sector 62, Mohali.

As the matter came up for hearing before the High Court again, the bench was told the petitioners had vacated the shops and alternative booth sites had been allotted to them at the price of Rs 13,91,420 each.

They had been given the option to pay 25 per cent of the price within 30 days and balance 75 per cent in four equated yearly installments along with interest at the rate of 12 per cent per annum.

Taking up the matter, the Bench observed the petitioners had three-fold grievances against the offer. “Firstly, they urged that the allotments were required to be made at the rate as it was in 1993-94 when they were discriminately left out.

“Secondly, the Government policies do not prescribe imposition of interest on the installments to be payable by the victims of anti-Sikh riots. Thirdly, the price determined by GMADA is not as per the Government policies as the element of profit has been added”.

The Bench concluded: “Since the primary contention of the petitioners revolves around the alleged breach of Government policies by GMADA, and as prayed for by their counsel, we deem it appropriate to dispose of this writ petition with a direction to the Principal Secretary, Department of Home Affairs and Justice, Punjab, to treat it as a representation on behalf of the petitioners and dispose of the same by passing a speaking order as early as possible and preferably within three months”.

http://www.tribuneindia.com/2012/20120819/punjab.htm#4