Professional & Knowledgable Law Team

Monday, January 9, 2012

PCA recommends disciplinary action against policemen


Lethargy and delay in case of forgery against PGI staffer
Chandigarh, January 8
The Police Complaints Authority (PCA) has recommended disciplinary action against police officers of the Sector-11 police station for their lethargy and delay as they sat on a complaint of forgery against a PGI employee for two years.
In its order, the PCA stated, “In view of the lethargic approach and inordinate delay in investigation, the SSP is requested to take disciplinary action against the police officers of the Sector-11 police station responsible for lethargy and delay.”
“It is a serious matter concerning a premier medical institute. The complaint deserves urgent, serious and fair investigation. Lots of evidence appeared to show, prima facie, that an order was never issued by the department, but was fraudulently created,” said Justice NK Aggarwal, Chairman, PCA.
As per the complaint filed by Surinder Chadha, his niece Priyanka allegedly committed forgery as PGI employee while applying for leave several times. The complaint stated that she applied for medical leave in January, 2009, but went to Canada without informing the employer.
As per the allegations, Priyanka allegedly forged an office order dated March 23, 2009, purported to have been issued by the PGI director, granting her earned leave for 30 days from April 24, 2009, to enable her to appear in the CAMRI examination in Canada.
The office order was shown to have been endorsed to Priyanka by the head of her department, the accounts branch. It was alleged that the document was fraudulent.
A police report was lodged by the chief security officer with the PGI. The complainant alleged that the police had not made any progress even after a report regarding forged signatures of the senior administrative officer with PGI was forwarded to the department of radio-diagnosis on October 21, 2009.
The PCA observed that the senior administrative officer with the PGI had written to the Under-Secretary, Ministry of Health and Family Welfare, Government of India, New Delhi, stating that Priyanka had applied for visa to Canada on a forged document, which was never issued by the office.

Father can’t be tried for abducting child


Chandigarh, January 8
In a significant judgment, the Punjab and Haryana High Court has made it clear that a father cannot be proceeded against for abducting his own child.
The development is significant as the police in this part of the region was registering cases against one of the parents in matrimonial disputes on the allegations of abducting his or her own child.
In a first, Justice Ranjit Singh said the father was the natural guardian and could not be dubbed as an abductor of his own progeny.
The ruling came on a petition filed by Aman Kumar against the State of Punjab and another respondent. He was seeking directions for quashing an FIR dated May 1, 2010, registered under Sections 363, 365, 506 and 34 of the IPC at the Sadar Police Station in Amritsar city.
In the FIR, the petitioner was accused of kidnapping the younger son by his wife from her lawful custody.
The petitioner had approached the high court for quashing of the FIR on the ground that being a father, he cannot be accused of abducting his own son.
As the case came up for hearing, the petitioner and his wife confirmed that the dispute or differences between them had been resolved and they were now living together happily along with their children.
Justice Ranjit Singh ruled: "It is rather good to see that the couple has shown some sense and have decided to reconstruct their marriage by removing their differences. This will be good for young children as well, who need love and affection of both the parents."
"Since the parties have decided to stay together, they need to be encouraged. The FIR, which has, otherwise, been lodged against the petitioner, would also not reveal any offence, as the petitioner being natural guardian of the child could not be accused of abducting his own child," the court observed.
"The case is made out for quashing the FIR on the ground that no offence is revealed from the allegation made in the FIR and also on the basis of the compromise…. The present petition is allowed. The FIR dated May 1, 2010, and all subsequent proceedings arising there from are hereby quashed," the HC said.

Check rampant use of loudspeakers: HC


Chandigarh, January 8
The Punjab and Haryana High Court has made it clear that it is the district administration’s “bounden duty” to ensure compliance of judicial directions on the use of loudspeakers.
The directions by the Bench of Chief Justice Ranjan Gogoi and Justice Mahesh Grover came on a petition against the use of loudspeaker at high pitch after 10 pm.
Acting on the petition, the High Court also ordered an inquiry by Patiala Deputy Commissioner into the allegations of indiscriminate use of loudspeaker at a village in Patiala district.
In her petition against the State of Punjab and other respondents, Mohinder Kaur had sought High Court’s intervention in the matter of “indiscriminate and unauthorised use of loudspeakers” at Gurudwara Shri Guru
Singh Sabha Mata Gujri Ji in Ajrawar village of Rajpura tehsil.
The petitioner had contended that the loudspeakers were being “used at a high pitch even after 10 pm”. She had claimed this was causing “disturbance to the petitioner, her family and other residents, besides being contrary to the law laid down by the Apex court with regard to such use”.
The Bench also took note of the fact that the petitioner filed representations before the Deputy Commissioner and Patiala Deputy Inspector-General of Police. “But no firm action has been taken by either of the two authorities, leaving the petitioner with no option but to move this court”.The Bench asserted: “The use of loudspeakers at particular volume at different hours stands regulated by court orders, including orders passed by the Apex Court from time to time.
“Such directions and orders, which hold the field as on date, would certainly require to be complied with by all concerned, and it is the bounden duty of the district administration to ensure such compliance.
“In such circumstances, we close this writ petition by directing the Deputy Commissioner, Patiala, to make/cause to make an inquiry with regard to the allegations made by the petitioner and if the same are found to be substantiated in any manner to issue orders to the concerned defaulters to take corrective action as mandated by law,” the court said.
“The Deputy Commissioner will act in the matter without any delay and ensure that necessary orders/directions, as may be warranted in law, are issued at an early date”.

India must fully tap investment potential of NRIs, PIOs: Pranab

JAIPUR: Citing example of China, finance minister Pranab Mukherjee on Sunday said that India too needs to fully tap the investment potential of NRIs and their entrepreneurial skills and promote inclusive growth

"We have not yet reaped the full benefits of India's great diaspora. The most obvious area remains that of investment and entrepreneurship. For instance, in China a large chunk of foreign direct investment has come from overseas Chinese," he said, while addressing the 10thPravasi Bhartiya Divas in Jaipur. 

Though there have been "large ticket investments" by NRIs and PIOs, he said, "it is far less than the potential and perhaps too concentrated on the formal sector. Rather, we must pursue an alternative model. One that is more balanced and holistic in a socio-economic sense". 

Overseas Indians, he said, should increase their contribution in social and economic areas like education, healthcare, and skill development and supplement the efforts of the government to promote inclusive growth. Mukherjee made these remarks while addressing a gathering of about 1,900 Non-Resident Indians and Persons of Indian Origin (PIOs). 

The non-resident Chinese have been playing a major role in the development of China and invest substantial in the domestic economy. 

Indian government, Mukherjee said, has been trying to improve the access of the poor and the vulnerable to vital public services by creating entitlements backed by limited legal guarantees which include the right to information, the right to work in rural areas and the right to education. 

Efforts, he added, were made to put in place right to food law which would ensure subsidised foodgrain for the poor population. 

Mukherjee said India does not require just financial contributions from its diaspora, but dedication of time, ideas and endeavour. 

On the economy, he said that though the year 2011 has been "an eventful one", India's achievements over the last few years have been commendable. 

"Though we have witnessed ups and downs, this period has transformed our country and catapulted it into the centre stage in the world...We are widely recognised as a major driver of global growth," he said. India is a member of the G20 and, within the G20, it is considered a part of the systemically most important 7. On the issue of brain drain, the Finance Minister said "the movement of the diaspora is no longer unidirectional as it was in the past. What started as a brain drain, has now become a brain gain, not just for India but the world as a whole". 

Today mobile Indian professionals and entrepreneurs, Mukherjee said are contributing across the global economy and enhancing its resilience in these troubled times. 

"Many have also returned to the home turf and are engaged in its socio-economic fabric. Still others have set up enterprises or professional relations that span national boundaries," he added. The entrepreneurial skills of the Indian business community settled abroad are a matter of envy for other nations, he said. 

Foreign firms are increasingly aware of the sharp business acumen of the Indian entrepreneur and managers. "They have come to respect our business houses and practices," Mukherjee said.

NRIs will get right to vote in Indian elections, promises Manmohan Singh

JAIPUR: Fulfilling a long-standing demand of its diaspora, India on Sunday said it would allowNRIs to vote and participate in the election process. 

"Pursuant to the law that was enacted to enable Non-resident Indians to vote in our national elections, the government has issued notifications for registration of overseas electors under the Representation of People Act, 1950," Prime Minister Manmohan Singh said. 

"This constitutes the first major step to enable Indian residents abroad to participate in our election process," the prime minister said while addressing the annual Pravasi Bharatiya Divasdiaspora meet here. 

He said the diaspora plays an important role in the growth and development of the country. The government recognises it, and was committed to address their concerns and fulfil their demands. 

"The government and people of India recognise and value the important role being played by Indian communities living abroad. We believe that Indian diaspora has much more to contribute to the building of modern India," the prime minister said. 

"We propose to facilitate, encourage and promote this engagement. Over the past year, we have taken a number of steps towards this end," he added, as he formally inaugurated the 10th annual diaspora meet, the Pravasi Bharatiya Divas (PBD) here. 

Overseas Indian Affairs Minister Vayalar Ravi said NRIs would be able to exercise their franchise in upcoming elections. 

"Indian nationals living abroad can now exercise their franchise in India at the time o f the elections," Ravi said. 

Now those NRIs who have registered with the embassies of their respective countries of stay, would be eligible to vote in the upcoming assembly elections in five states including Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur. Polls will take place in these countries between Jan 28 and March 3. 

Ravi said objective of the government was to further increase engagements with diaspora. "Our objective is to raise the level of engagement to go beyond mere investment related issues and address a broader agenda." 

"We believe that this will provide the vast majority of you the opportunity to benefit from as well as contribute - each in your own way - to India's development story," the minister said. 

Later talking to media person, Ravi said this year's Pravasi Bharatiya Divas (PBD) is the largest congregation of Indian diaspora. 

He said almost 1,900 delegates from around 60 countries were participating in the three-day event.