High Court Orders For Better State Of Affairs In State

HIGH COURT ORDERS FOR BETTER STATE OF AFFAIRS IN STATE 28 Dec 2008, 0709 hrs IST, TNN With lax bureaucracy and callous politicians consistently failing to come to the common mans rescue, it was the judiciary that offered some hope that not everything was lost. The Punjab and Haryana High Court, often anguished at the sorry state of affairs, came out with some important orders that would help make things better to some extent. Some of these were... Cap on hooting VIPs HC played a major spoilsport for a vast number of self-proclaimed VIPs who overawe people with an utterly unnecessary display of hordes of guards, pilot and escort vehicles, while revelling in feudalistic exhibitionism. Justices Hemant Gupta and Nawab Singh, taking strong notice of the TOI report, put a cap on the menace of hooting VIPs by asserting that nobody except the chief minister, speaker and chief justice of the high court would be provided pilot and escort in Punjab, Haryana and union territory of Chandigarh. Our Constitution provides equal rights and status to all citizens and the feudal mindset doesnt synchronize with the expectations of the people of this country, the judges delivered the message straight and hard. There is no disputing that the order would result in saving loads of state money and offer respite to VIP-struck masses. Highway: no one is above law Shimla, the queen of hills, is a beautiful place, but unfortunately the path that leads to it is not that flattering. The narrow Pinjore-Kalka-Parwanoo highway that bears unimaginable loads of traffic making a beeline towards the hill states capital has turned into a commuters nightmare even as it has claimed 70 lives so far. However, justices Uma Nath Singh and Daya Chaudhary not only ensured that various authorities, including National Highway Authority of India (NHAI), Haryana and Punjab governments, woke up from their slumber but also saw to it that the highway widening project continued at its normal pace. So much so, that the judges summoned various top guns in the court like NHAI project director KP Sharma, various deputy commissioners, UHBVN managing director, etc, to drive home a stern message that no one was above the law. In fact, NHAI project director was given such a dressing down that he cried like a child before the bench and even offered to quit. Also, the union surface transport secretary was told that he would be held personally liable for any death on the Pinjore-Kalka highway. Zero tolerance for pollution With burgeoning population, haphazard industrialization and increasing traffic adding to the pollution woes of Punjabs big cities like Ludhiana, Jalandhar and Amritsar, HC donned the mantle of a saviour. It spurred comatose officials of the Punjab Pollution Control Board (PPCB) into action by asking them to conduct a study of ambient air quality in areas with heavy vehicular congestion in such densely populated cities. Importantly, chief justice Tirath Singh Thakur and justice Jasbir Singh pulled up the PPCB umpteen times in the year for its sluggishness to act against the menace of meat-processing units in Derabassi zone that were contributing massively to water and air pollution. Also, with the HC upping the ante, dyeing units in Ludhiana too were sent closure notices by the PPCB. Build database of convicts With the criminal justice system of the country leaving much to be desired and aggravating the plight of undertrials and convicts, the HC emphasized the need to harness the power of information technology and computerization to evolve an electronic database of every person entering the criminal justice system. Justices KS Garewal and Jitendra Chauhan came out with the novel suggestion that, if implemented in right earnest, would help authorities concerned to access the records of such persons or convicts so as to rule out any miscarriage of justice. The judges said such a database should consist of details of FIR, date of arrest and release, appeals filed by convicts if any, length of imprisonment and bail if granted. They were of the opinion that such a database would become a ready reckoner of sorts for various authorities and ensure prompt action. Crime victims get support In what may extend the contours of criminal law beyond the rigours of evidence-dominated system and ensure a sympathetic look at the plight of a crime victim when offenders go unpunished or are simply untraceable, the HC asked the Union of India to expedite the process of amending the Criminal Procedure Code to adequately compensate such victims. Justices Adarsh Kumar Goel and LN Mittal had even asked the Union home secretary to appear before the court if the Centre failed to file a proper reply on the issue. The gravity of the matter could be guaged from the fact that judges had wanted to treat the matter as a PIL, stating that: We consider it appropriate to draw the attention of all concerned to the need to remedy a serious flaw in the administration of criminal justice; namely failure of getting justice to the victims, particularly when the crime goes unpunished. It is a paradox that the victim of a road accident gets compensation under no-fault theory, but the victim of crime does not get any compensation, except in some cases where the accused is held guilty. Incidentally, only 30-35% of all criminal cases end in conviction while 90-95% of the matters, involving heinous offences, result in acquittal. Action against PU violence Calling a spade a spade on the perils of on-and off-campus violence among students, the HC sought a detailed report from the vice-chancellor or registrar of Panjab University and the Chandigarh SSP as to whether any mechanism, rules or code of conduct had been put in place to stem the profile ration of criminal activities in teaching institutions. Upping the ante against student violence and drawing parallels with school and college violence in the developed world, especially the USA, justice MMS Bedi made it was clear that a balance had to be struck between the students right of personal liberty and public tranquillity. The judge asked the PU and the UT cops if any steps had been taken to prevent infiltration of unauthorized arms and persons as well as criminal elements on the campus. Also, if there was any security regime in place to ensure protection of innocent boys and girls as well as PU staff. Electrocution costs PSEB Rs 11L In a country not known for tort laws that ensure hefty compensation to victims of official lethargy and negligence, the HC came out with an important order when justices Satish Kumar Mittal and Augustine George Masih held the Punjab State Electricity Board (PSEB) squarely responsible for a Mohali residents death due to electrocution on May 4, 2007. The judges asked the board to pay Rs 11 lakh to the victims widow and kin as compensation. Milk vendor Lajja Rams motorcycle had got entangled in a live 11 kV wire lying across the road and he suffered serious burn injuries to which he later succumbed. Justice Masih observed that had some precautionary measure like proper guarding below the high tension wire been in place, it would not have fallen on the road, leading to unfortunate loss of life.

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