Proposals mooted for police investigation, justice wings, hiring of 400 lawyers, says AG Nanda
AG office working on CM Amarinder’s agenda of fast track justice delivery
Plan to reduce court appearances of police officials, set up lawyers’ social security
Initiative taken to set up new fast-track courts
Baljit Balli
tirshinazar@gmail.com
+91-9915177722
Chandigarh, April 30, 2017: Amarinder government is mulling separation of Investigation and Justice Wings to streamline the litigation work of the Punjab Police to achieve better conviction rate and save time and energy of the officials and the court for policing.
Sharing this in an exclusive interview with babushahi.com, Advocate General (AG) Punjab Atul Nanda informs a proposal was also in pipeline to impart training to the district attorneys and public prosecutors besides raising a legal wing of the police.
Elaborating the idea of separating the two wings, he said that although crime detection and legal processes are closely entwined aspects but still both have their own distinctive character. A comprehensive proposal has been mooted to ensure productive working of both aspects.
Nanda says there are clear instructions from the Chief Minister Amarinder Singh to make the legal processes and justice delivery simpler and effective so that people get quicker justice and guilty are punished.
On an average, 800 to 1000 police officials come to Chandigarh daily to appear in court cases. One can have a glimpse of this on the fourth floor of the Punjab and Haryana High Court building. The same scenario can be witnessed at the district courts. Most of these officials are Investigating Officers (IOs).
Nanda is of the view that IOs need not rush to Chandigarh in every case and this job should be done by the dedicated legal wing of the police. Therefore, the proposal entails that a special Cell may be set up in the AG office. A joint team of officials from the AG office and Punjab Police should exclusively follow the court cases.
If the CM clears this proposal, the services of about 400 lawyers would be availed to follow the cases of the Punjab Police in HC and lower courts, discloses Nanda.
Also a detailed report is being prepared on the pending police related cases in the courts. This involves preparation of a database on the number of cases related to bails, witnesses, investigations, revisions and convictions. This database will be used to determine the number of police officials and lawyers required for effective implementation of this proposal, tells the AG.
Jalandhar-born Nanda makes another significant disclosure about a dream project of CM Amarinder Singh to provide social security to lawyers. Its main objective is to ensure financial security for the lawyers after they retire from the profession. The shape of this proposed advocates welfare fund is under consideration.
Batting for review of the advocate welfare fund, the AG is of the view that the fee accruing from sale of tickets on Vakalatnama (Power of Attorney) should be deemed as lawyers’ contribution. Ruing its discontinuation by the previous government, he goes on to clarify that any such scheme will cover entire legal fraternity right from the HC to the lower courts levels.
Delving further into the proposed schemes of Amarinder government, he touches the issue of fast-track courts. As of now, such courts are working only in Jalandhar and Ferozepur. Nanda has asked for data from the police, district attorney and other government offices. After study of this data, the number of more such new courts will be recommended to the government and then taken up with the HC for their establishment.
Nanda discloses another important issue of Witness Protection on the agenda of Amarinder government as part of the procedural reforms. If need be, new legislation may be brought in or amend the existing provisions of the law, though he holds the view that more than draconian laws, the premium should be on adopting and strengthening fool-proof legal methods to prevent and tackle crime.
On the most challenging issue of selection of law officers after becoming the AG, Nanda says that Governor Punjab given approval to The Punjab Law Officers Engagement Bill-2017 passed by Punjab Vidhan Sabha. Now to implement this act as a next step applications will be invited after advertising the same from the candidates aspiring for the job. A penal of judges and legal experts will select the law officers of as per the government’s requirements.
The government will hire only the required number of law officers after determining the quantum of work in the HC and Supreme Court. Reacting to the criticism by some legal quarters, Nanda finds the eligibility criteria, which is perceived to be quite hard, as justified on the grounds that the government’s aim is to engage the competent and experienced law officers to successfully pursue its cases. So merit and experience is going to be the prime consideration in their selection.
The entire selection process is likely to be completed by May 8, 2017, he says while summing up that the CM’s has issued strict instructions follow merit and legally correct ways in the selection process.
More about Atul Nanda
On becoming Punjab Chief Minister for the second term on March 16, 2017, Capt Amarinder Singh reposed faith in the ability of Jalandhar-born senior advocate Atul Nanda (51) as his Advocate General.
Son of a prominent labour counsel of his time, Ravi Nanda and school teacher mother Sudesh Nanda, Atul remained a close confidant and longtime legal adviser to CM Capt Amarinder Singh.
There has hardly been any special occasion which he did not spend with “Captain Sahib”.
Nanda is not new to the AG office in Punjab. He was an Additional Advocate-General during the previous Captain government during 2002-2007. Mainly he was looking after the state interests in the SC.
He had appeared in the case against the expulsion of Capt Amarinder Singh as an MLA by Akali-BJP regime and succeeded in securing his reinstatement in a clear judgment in which Supreme Court set aside the resolution of the Punjab Assembly in September 2008.
Besides appearing in all crucial and sensitive matters including Reference of the President in Punjab Public Service Commission chairman Ravi Sidhu’s case, he also defended the ministers and other Congress MLAs against whom cases were filed by the SAD-BJP regime.
April 30, 2017
Edited by Raju William, Associate Editor, Babushahi.com
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