Professional & Knowledgable Law Team

Friday, May 4, 2012

ਜਸਵਿੰਦਰ ਸਿੰਘ ਐਡਵੋਕੇਟ ਦਾ ਐਡਮਿੰਟਨ, ਕੈਨੇਡਾ ਵਿਖੇ ਨਿੱਘਾ ਸਵਾਗਤ



ਜਸਵਿੰਦਰ ਸਿੰਘ ਐਡਵੋਕੇਟ ਨੂੰ ਸਨਮਾਨਿਤ ਕਰਦੇ ਵਿਧਾਇਕ ਪੀਟਰ ਸੰਧੂ, ਵਿਧਾਇਕ ਨਰੇਸ਼ ਭਾਰਦਵਾਜ
ਐਡਮਿੰਟਨ, 3 ਮਈ - ਪਿਛਲੇ ਦਿਨੀਂ ਕੈਨੇਡਾ ਦੀ ਫੇਰੀ 'ਤੇ ਆਏ ਐਡਵੋਕੇਟ ਜਸਵਿੰਦਰ ਸਿੰਘ ਬਾਘਾ ਪੁਰਾਣਾ ਐਡਮਿੰਟਨ ਨਿਵਾਸੀ ਸ਼ਮਸ਼ੇਰ ਬਰਾੜ ਦੇ ਸੱਦੇ 'ਤੇ ਐਡਮਿੰਟਨ ਪੁੱਜੇ। ਉਨ੍ਹਾਂ ਦੇ ਸਵਾਗਤ ਲਈ ਬਰਾੜ ਪਰਿਵਾਰ ਨੇ ਸਥਾਨਕ ਮਹਾਰਾਜਾ ਹਾਲ ਵਿਖੇ ਪ੍ਰੋਗਰਾਮ ਕੀਤਾ। ਸਮਾਗਮ ਦੀ ਪ੍ਰਧਾਨਗੀ ਕਰਦਿਆਂ ਐਡਵੋਕੇਟ ਜਸਵਿੰਦਰ ਨੇ ਪੁੱਜੇ ਸ਼ਹਿਰ ਵਾਸੀਆਂ ਨੂੰ ਗੰਭੀਰਤਾ ਨਾਲ ਦੱਸਿਆ ਕਿ ਜਦੋਂ ਵੀ ਵਿਦੇਸ਼ਾਂ 'ਚ ਵਸਦੇ ਭਾਈਚਾਰੇ ਨੂੰ ਆਪਣੀ ਚੱਲ-ਅਚੱਲ ਜਾਇਦਾਦ ਨੂੰ ਵਿਕਰੀ ਕਰਨ ਦਾ ਹੱਕ ਆਪਣੇ ਰਿਸ਼ਤੇਦਾਰਾਂ ਨੂੰ ਨਹੀਂ ਦੇਣਾ ਚਾਹੀਦਾ ਸਿਰਫ਼ ਉਨ੍ਹਾਂ ਨੂੰ ਆਪਣੀ ਜਾਇਦਾਦ ਨੂੰ ਲੀਜ਼, ਸਾਂਝ ਸੰਭਾਲ ਸਬੰਧੀ ਹੱਕ ਦੇਣੇ ਚਾਹੀਦੇ ਹਨ। ਅੱਜਕਲ੍ਹ ਪੰਜਾਬ ਵਿਖੇ ਜਾਇਦਾਦਾਂ ਲੱਖਾਂ ਤੋਂ ਕਰੋੜਾਂ ਦੀਆਂ ਬਣ ਚੁੱਕੀਆਂ ਹਨ। ਇਥੇ ਵਸਦਾ ਭਾਈਚਾਰਾ ਪਹਿਲਾਂ ਆਪਣੀ ਜਾਇਦਾਦ ਨੂੰ ਪੰਜਾਬ ਬੈਠੇ ਪਰਿਵਾਰਾਂ ਨੂੰ ਸਹਾਇਤਾ ਵਜੋਂ ਉਸ ਦੀ ਆਮਦਨ ਵਰਤਣ ਲਈ ਦਿੰਦਾ ਹੈ ਪ੍ਰੰਤੂ ਬਾਅਦ ਵਿਚ ਪੰਜਾਬ ਵਸਦਾ ਪਰਿਵਾਰ ਉਸ ਜਾਇਦਾਦ ਨੂੰ ਆਪਣੀ ਹੀ ਸਮਝ ਬੈਠਦਾ ਹੈ ਜਿਸ ਕਾਰਨ ਵਿਦੇਸ਼ੀਆਂ ਦੀ ਜਾਇਦਾਦਾਂ ਉੱਪਰ ਕਬਜ਼ੇ ਆਮ ਹੋ ਜਾਂਦੇ ਹਨ। ਇਸ ਕਰਕੇ ਵਿਦੇਸ਼ੀ ਬਾਅਦ ਵਿਚ ਪੰਜਾਬ ਦੁਬਾਰਾ ਜਾਣ ਦਾ ਨਾਂਅ ਤੱਕ ਨਹੀਂ ਲੈਂਦੇ। ਸਮਾਗਮ ਵਿਚ ਐਡਵੋਕੇਟ ਜਸਵਿੰਦਰ ਸਿੰਘ ਨੂੰ ਵਿਧਾਇਕ ਪੀਟਰ ਸੰਧੂ, ਸਿੱਖ ਫੈਡਰੇਸ਼ਨ ਦੇ ਕਰਨੈਲ ਸਿੰਘ ਦਿਉਲ, ਵਿਧਾਇਕ ਨਰੇਸ਼ ਭਾਰਦਵਾਜ ਵੱਲੋਂ ਸਨਮਾਨ ਚਿੰਨ੍ਹ ਵੀ ਭੇਟ ਕੀਤਾ ਗਿਆ। ਇਸ ਮੌਕੇ ਸ਼ਮਸ਼ੇਰ ਬਰਾੜ, ਹੈਰੀ ਬਰਾੜ, ਤੀਰਥ ਬਰਾੜ, ਬਲਦੇਵ ਧਾਲੀਵਾਲ ਤੋਂ ਇਲਾਵਾ ਦਰਜਨਾਂ ਨਿਵਾਸੀ ਹਾਜ਼ਰ ਸਨ।

Monday, April 30, 2012

Sarabjit case: Indian advocates file mercy plea with Zardari

Amritsar, April 29
A delegation of Indian advocates has filed a mercy petition for Sarabjit Singh, lodged in Kot Lakhpat Rai jail, before Pakistan President Asif Ali Zardari.
Talking to The Tribune, BM Vinayak, a member of the delegation, here today said they also met Sarabjit Singh and Interior Minister Rehman Malik.
Vinayak, a member of the Punjab and Haryana Bar Council, said Sarabjit was lodged in a solitary confinement cell number E-7. Sarabjit had grown his beard and was wearing a skullcap, he said. "He was happy to see us and expressed his desire to meet his daughters," said Vinayak.
He said, "We took up Sarabjit's case with Interior Minister Malik during a lunch hosted by him. He informed us that Presidential pardon is the only way now. We requested him to arrange a meeting with Sarabjit and he happily obliged us."
He said they wrote the mercy petition citing humanitarian grounds. "Sarabjit has served 22 years in jail. His family too has suffered a lot. Further, his confinement will serve no purpose. But the President can grant him a pardon as a good will gesture to built cordial relations," said Vinayak adding that Malik had promised to follow up the matter with President Zardari.
Vinayak claimed that 33 Indians, including three women, were lodged in Kot Lakhpat Jail. "Two more Indians, excluding Sarabjit, have been sentenced to death. We have confirmed that 17 more Indians are in other district jails," said Vinayak.
The Interior Minister has extended visa for a year to all the 15 members of the delegation.
A resident of Bhikhiwind in Tarn Taran district, Sarabjit was convicted for the 1990 serial bomb blasts in Lahore and Multan in which 14 people were killed. Sarabjit was to be hanged in 2008. His execution was put off indefinitely following intervention of Pakistan Prime Minster Yousuf Raza Gilani.
However, his family members, especially his sister Dalbir Kaur, said that Sarabjit was wrongly convicted and the case was that of a "mistaken identity".

Friday, April 27, 2012

Issue summons to Facebook through e-mail: Court

New Delhi: A Delhi court hearing a civil case against various social networking sites for allegedly displaying objectionable content Wednesday ordered that summons be served to US-based social networking site, Facebook through e-mail.

Meanwhile petitioner's counsel Santosh Pandey moved an application seeking the government should be brought as a plaintiff for proper adjudication of the case as it is related to national issues.
Administrative Civil Judge Parveen Singh order that summons to Facebook should be served through e-mail within three days after observing that the firm has not appeared in the court as summons were not served against it.
The court was hearing a case filed by petitioner Mufti Aijaz Arshad Qasmi, an Islamic researcher linked to a website run by the Islamic Peace Foundation of India, who had sought removal of objectionable content from various websites.
Qasmi in a newly revised list submitted in last hearing April 12 has sought to prosecute - Facebook India, Facebook Inc, Google Inc, Orkut, Youtube Inc, and Blogspot.
Pandey has moved another application seeking review of the order of dropping the name of Orkut India, Youtube India and Blogspot India from the case. He said that the no objection given by him for deletion of the names of Google India and the other three parties was due to confusion.
He told the court that submissions made by Google India, Orkut India, Youtube India and Blogspot India that they were only subsidiaries of Google Inc, Orkut, Youtube and Blogspot were wrong.
The court has listed the matter for Thursday for further hearing.

Monday, April 23, 2012

Madras HC imposes costs of rs one lakh on petitioner

Chennai, April 23 - Annoyed with a petitioner for wasting the time of the court,the Madras High Court today imposed costs of Rs one lakh on a petitioner for seeking an issue of 'quo warranto' against Army Chief, General V K Singh, "without understanding the nature and concept of the same." A Division Bench, comprising Justice Elipe Dharma Rao and Justice M Venugopal, dismissed as withdrawn, the quo warranto petition filed by Dr S Vishwa Murti, founder chairman of 'Awareness on Anti Corrpution and Crime', a NGO. The bench said "further when the bench has required the petitioner's counsel to state the reason and necessity to issue a quo warranto, when admittedly the matter was entrusted to the CBI for inquiry, he was unable to answer." The petitioner had sought to know under what authority Gen Singh continued to hold the post and for a consequent direction to the Centre to dismiss him from office after allegedly violating the oath or affirmation he had taken at the time of his induction in the army. The petitioner had submitted that Gen Singh had allegedly told the media that he was offered a bribe but had not immediately brought to book those who had made the offer. Stating that the petitioner's counsel was also not able to reply when a specific question was put to him regarding the principle laid down by the Supreme Court in the matter of quo warranto, the bench said the petitioner had not approached the court with clean hands and bonafide intent for permission to withdraw the petition after it was heard for two days. The Judges directed that the amount imposed as costs be paid to 'Madras Society for Protection of Children', within two weeks failing which the District Collector would take steps to recover the amount.

Friday, April 13, 2012

Runaway couples cautioned


Think twice before ‘rebellion marriage’, says High Court
Chandigarh, April 12
Cautioning runaway couples against running down established social norms while racing towards the hymenal altar, the Punjab and Haryana High Court has asked them to “think twice” before according precedence to individual interests over that of society’s.
The assertion by Justice Rameshwar Singh Malik, aimed at easing tension between interests of individuals and a group as a whole, came while dealing with nearly a dozen protection petitions filed on a single day by runaway couples.
In one of the petitions, Kirti Goyal and another petitioner had sought directions to the State of Punjab and other respondents to protect their life and liberty on the ground that they “ had tried to persuade their parents and relatives, but in vain.”
Referring to Supreme Court judgments on the right to life and liberty guaranteed under Article 21 of the Constitution, Justice Malik asserted: “It is equally important to note that freedom of the individual is not absolute, but subject to the established and time-tested social norms of a civilised society.
“Co-existence of freedom of the individual and social control is sine-qua-non (an essential element or condition) for sustainable progress of society and this is also an integral part of our Constitutional philosophy.
“Therefore, though the petitioners are entitled to protection to their life and liberty in the given facts and circumstances of the case, but at the same time, it is also expected of them and other young citizens like them that before running away from their homes for performing this type of rebellion marriage, they must think twice, besides, listening carefully to their parents who are not their enemies, but genuine well- wishera.”
Justice Malik also said: “Let us welcome the dynamic social change and evolution, but only subject to the social control and moral values which are centuries old and have not lost their shine even today ”.
Before parting with the orders in almost all the cases on the issue, Justice Malik said: “It is also made clear that this order shall not entitle the petitioners for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognisable offence...”

Punjab to ban mobile phones inside jails


Jail Staff to get walkie-talkie sets
Patiala, April 12
Following complaints of illegal use of mobile phones by prisoners, the Punjab Jails Department has decided to completely ban carrying of mobile phones inside the jails. As an alternative, jail officials will be provided walkie-talkie sets to ensure that even they do not carry their personal mobile phones inside the jails.
Sources said while a move of installing jammers inside the jails was still in the pipeline, officials had been briefed about banning the use of mobile phones inside the jails. "Mobile phones will be banned inside jails even for superintendents and others staff who will be provided walkie-talkie sets," they said.
An official said, "The state government's pilot project to install jammers in all jails is yet to see light of the day due to shortage of funds. However, a sum of Rs 4 crore has been earmarked for modernisation of jail equipment, including modern communication devices for jail staff".
In the recent past, over 1,000 mobile phones had been recovered from jail inmates across the state.
In a recent case, allegations were levelled against former SGPC president Bibi Jagir Kaur for allegedly using her mobile phone inside the Kapurthala Jail in violation of the Jail Manual. However, once jammers are installed and walkie-talkie sets are given to the jail staff, such violations will be checked.
The sources said many criminals lodged in jails were allegedly running their gangs from there itself. The Jail Manual stipulates that there is no proper provision to book them for using mobile phone. "Punjab DGP (Jails) Shashi Kant is keen to get funds to buy jammers to curb illegal activities of inmates," said a senior jail officer.
At present, Punjab has seven Central Jails located at Patiala, Bathinda, Ferozepur, Amritsar, Gurdaspur, Jalandhar and Ludhiana, five districts jails located at Nabha, Sangrur, Faridkot, Kapurthala and Hoshiarpur, two open-air jails located at Nabha and Kapurthala, one women's jail at Ludhiana and 10 sub-jails at Fazilka, Majha, Mukatsar, Patti, Ropar, Barnala, Malerkotla, Phagwara, Dasuya and Pathankot. Besides, there is a jail training school located at Patiala.
“We will surely implement many more jail reforms, including banning of mobile phones from inside jails soon,” said DGP (Jails) Shashi Kant.
JAMMING NETWORK
  • In the recent past, over 1,000 mobile phones had been recovered from jail inmates across the state
  • The government's pilot project to install jammers in all jails is yet to see light of the day due to shortage of funds
  • A sum of Rs 4 crore has been earmarked for modernisation of jail equipment, including modern communication sets for jail staff.

Bill C-10 makes crossing U.S. border tougher if you have a criminal record


VANCOUVER - The recent passage of Bill C-10, the federal Safe Streets and Communities Act, has made crossing into the U.S. from Canada more difficult for anyone with a criminal record.
A solution can be provided by Commissionaires B.C., but getting a waiver won't be cheap and it could take as long as a year or more, according to Deb Barnett, supervisor of identification for the organization.
Barnett said a Canadian ``record suspension'' is most important for employment reasons. But the new crime law has extended the waiting period for that to five years from three years for less serious offences and to 10 years from five years for indictable offences.
Anyone with three indictable offences leading to prison sentences of more than two years each can't get their record wiped clean. Neither can someone convicted of sex offences against a child.
But getting a U.S. entry waiver is critical for travel to or through the U.S.
``This has some pretty major effects on people's lives,'' said Barnett.
She cited two cases of people who came directly to her office after being turned back at Vancouver International Airport.
One was heading to the U.S. to visit his dying sister in hospital. A random check revealed he had an assault on his record from a marital dispute more than 20 years in the past and he was rejected.
The other man was heading to his second home in Palm Springs, Ariz., to join family members who had travelled ahead of him. A random check of the man, who was in his 50s, turned up a marijuana possession from when he was 18.
``He had no idea they were doing this,'' said Barnett of the checks.
The Commissionaires are an independent, non-profit security organization that provides meaningful work for former Canadian Forces and RCMP members. There are other companies that also deal with the complicated process of getting what used to be called ``pardons'' but are now, since March 12, called ``record suspensions.''
Barnett pointed out that a Canadian pardon is not recognized by U.S. border guards.
That's where a U.S. entry waiver, which is granted by the Department of Homeland Security, is required. It costs $585 US, payable to U.S. Citizenship and Immigration Services.
All of this requires getting criminal record files, for which the Commissionaires charge a service fee. The fee for that is $399 but the total for the entire process averages $1,059.
Criminal records are kept in the Canadian Police Information Centre, which can be accessed by U.S. Customs. If a U.S. official has accessed that record it remains in their database even if that record is wiped out by a pardon in Canada.
That's why the entry waiver is critical.