Chandigarh Administration v. Nemo
2009(3) LAW HERALD (P&H) (DB) 2115
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice Surya Kant
The Hon’ble Mr. Justice Augustine George Masih
C.W.P. No. 8760 of 2009
Chandigarh Administration
v.
Nemo
{Decided on 09/06/2009}
Present: Mr.Anupam Gupta, Senior Standing Counsel for U.T., Chandigarh.
Mr. H.S.Mattewal, Advocate General, Punjab.
Mr. H.S.Hooda, Advocate General, Haryana.
Mr. R.S.Cheema, Sr. Advocate and amicus-curiae with Ms. Tanu Bedi, Advocate .
(A) Criminal Law--Rape--Victim mentally retarded--Termination of pregnancy--Permission sought by Chandigarh Administration for medical termination of pregnancy of mentally retarded girl--Opinion sought by expert body of doctors and psychologist on certain vital issues--If expert body is of favour of termination of pregnancy that it can be done but if victim resists then opinion of doctor and version of victim to be placed for further decision--Medical Termination of Pregnancy Act, 1971, Section 2, 3, 4 and 5--Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995, Sections 2(i)(q) and (r)--National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, Sections 2(g), (j) and (m) and Section 13 & 14. (Para 35 and 38)
(B) Criminal Law--Rape--Of Inmate of Nari Niketan by Guard--Guidelines issued for such like institution to carry out sweeping administration reforms--Held;
[a] there shall be a notified Medical Board headed by the Director, Health Services, UT, Chandigarh and should also consist of all possible subject specialists, necessarily including a Gynaecologist; a Skin Specialist and a Counsellor etc. as Members, who shall be required to visit, fortnightly and examine each and every inmate of the Nari Niketan, Ashreya or any other Government run/aided institution of this kind. The Medical Board shall submit its periodical report to the Secretary, Department of Health, UT Administration, who shall be required to satisfy himself regarding the adequate medical aid and assistance to the inmates;
[b] the periodical examination of the inmates of the Nari Niketan, Ashreya or any other Institution shall necessarily include their examination as to whether or not the inmate has been subjected to any sexual or digital abuse;
[c] in case the medical Board finds any inmate to be a victim in terms of the direction [b] above, the matter shall be reported to the local police forthwith and further legal action, as per the law, shall follow;
[d] the petitioner Administration is directed to provide the best medical treatment to all the inmates of the Government run/aided Institutes and no plea or pretext of the financial constraints or non-availability of adequate funds shall be entertained in this regard;
[e] we further direct that there shall be constituted a Monitoring Committee consisting of at least five members which shall include not less than three NGOs/Social Workers of high repute in the specialised field and preferably to be headed by an NGO/ Social Worker only, along with two members who shall be responsible officers of the Chandigarh Administration and are empowered to accord necessary sanction for the day-to-day expenditure, as may be incurred to provide basic amenities to the inmates of all the Government run/aided Institutes. The composition, administrative and financial structure of the Monitoring Committee shall be duly notified by the Chandigarh Administration.
[f] there shall be a list duly notified by the Home Secretary of the Chandigarh Administration, within one month of the receipt of a copy of this judgment, of the NGOs, Social Workers, the Human Right Activists, Volunteers including Lawyers inclined to provide free legal aid services, who shall be given visiting rights, not less than once in a week, however preferably between 7 AM to 7 PM, to all the Welfare Institutions including Nari Niketan and Ashreya. We direct that any report submitted by such a visitor regarding poor/mal-functioning or on improvement thereof, shall be considered and acted upon by the Competent Authority of the Chandigarh Administration within one month from the date of its receipt and if found not feasible, to communicate its reasoned decision to the visitor concerned within the above stipulated period;
[g] the description and the particulars of each inmate, along with photographs, if possible, and their latest status of the educational pursuit, shall be displayed on the website of the Department concerned and/or the Chandigarh Administration and shall be updated from time to time. Any suggestions, remarks or views received on the website or otherwise shall also be dealt with and disposed of in accordance with law and within one month from the date of their receipt;
[h] we further direct the petitioner Administration to start community kitchen in all the Government run/aided Institutions and if the inmates include females also, by employing the female staff only. The petitioner Administration, with the approval of the Monitoring Committee constituted above, may also involve the inmates in the cooking process, however, by ensuring that no risk is caused to their mental and physical health. It is directed that all the inmates shall be provided nutritious, healthy and adequate food. The Monitoring Committee as well as the NGOs/Social Workers to whom visiting rights shall be provided as directed above, shall be permitted and are expected to test the quality of the food;
[i] we also direct the petitioner Administration not to keep/employ male employees for the internal functioning of the Institutions unless all the inmates are males only. The petitioner Administration shall also explore the feasibility of employing retired Lady Police Officers/Officials or in the alternate Ex-Army Personnel for the outer security purposes of such Institutions; (Para 40)
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Surinder Pal Singh Chhina v. State of Punjab
2009(3) LAW HERALD (P&H) 2132
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Sabina
Criminal Misc. No.M-48058 of 2002 and Criminal Misc. No.M-25093 of 2003
Surinder Pal Singh Chhina
v.
State of Punjab
{Decided on 05/06/2009}
For the Petitioners: Mr. R.S.Cheema, Sr. Advocate with Mr. Rajiv Trikha, Advocate,
For the Respondent: Mr. Aman Deep Singh Rai, AAG, Punjab.
IMPORTANT POINT
Corruption--An employee of the cooperative bank is covered within the comprehensive definition of 'public servant' as contained in Section 2(c)(iii) of the Act
Corruption Law--Cooperative Bank--An employee of the cooperative bank is covered within the comprehensive definition of 'public servant' as contained in sub clause (iii) of Clause (c) of Section 2 of the Act--The Bank is having public dealings and is, thus, discharging a public function--The petitioner also received illegal gratification for employment of various persons to different posts in the Bank--Thus, the petitioner was discharging public duty--Hence, the petitioner who had been performing the duties of Managing Director of the bank is covered by the definition of 'public servant' within the meaning of the provisions of the Act--Prevention of Corruption Act,1988, Section 2(e). (Para 10, 11 and 12)
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State of Haryana v. Ram Phal & Ors.
2009(3) LAW HERALD (P&H) (DB) 2136
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice K.S. Garewal
The Hon’ble Mr. Justice Nawab Singh
Crl. Appeal No. 402-DBA of 2001
State of Haryana
v.
Ram Phal & Ors.
{Decided on 12/05/2009}
For the Appellant: Mr. H.S. Sran, Addl. Advocate General, Haryana.
For the Respondent: Mr. Hemant Bassi, Advocate.
(A) Criminal Law--Dowry Death--Bride Burning--Death of bride within one year of marriage--Dowry was demanded--Defence version that due to accidental fire by bursting of stove--Held; Are the stoves have some kind of partially so as to target the brides only--Whey the mother-in-law and sister-in-law do not sustain burn injuries from accidental stove burns--Stove in question was not produced or pointed out to investigating officer--Husband, his brother and mother convicted and sentenced to life imprisonment--Penal Code, 1860, Section 304-B. (Para 36 and 37)
(B) Criminal Law--Dowry Death--Bride Burning--Dying declaration--Conviction on basis of dying declaration without corroboration--First declaration before doctor in presence of her Jeth that she caught the fire due to accidental burst of stove--In second declaration recorded by CJM she stated that her in-laws set her on fire as their dowry demands was not made--Conviction on sole basis of dying declaration upheld--Penal Code, 1860, Section 304-B--Evidence Act, 1872, Section 32. (Para 37)
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