Panjabi Section |   Download Panjabi Font |   Author  |  Founder  |  Contact  |  Feedback

 
     
     
  Index  
     
  Home  
     
  Current Issues  
     
  Religio Politics  
     
  General  
     
  My India!  
     
  Personalities  
 

Welcome to the Sikh Vichar Manch-Thought Provoking Forum for Justice

 
 

 
 Judicial Record earlier perished now destroyed 

1.         Would now the answer be that 100 percent record of judicial courts destroyed and burnt in Fire?

2.         Does it mean that the judicial system collapsed?
Or
Is it something to cover and shield?
 

Would now the answer be that 100 percent record of judicial courts destroyed and burnt in Fire? The earlier answer was 90 per cent record of judicial courts has perished.  

The records of decided cases by the judicial and civil courts should be preserved for a very long time, may be for more than a century and for storage capacity to maintain and preserve as per rules of such cases and unlike the record of other offices, important documents of title like wills, sale deeds, lease deeds, exchange deeds, partnership deeds, relinquishment deeds, dissolution deeds, site plans, statements of the parties and witnesses, affidavits and counter affidavits along with judgments and orders, first information reports (FIRs) and even certified copies of rare centuries-old records produced in courts form the part of the case records.  

Sometimes, the copies of the old record are sought for by the legal heirs of their ancestors to settle property or family disputes arisen long after those decisions.  

There should not be any cause of the record getting perished or destroyed in fire without any ulterior motive to do so and there is also no satisfactorily explanation given in answer to it so far.  

Does it mean that the judicial system collapsed or something to cover and shield? Why? What is the motive and to whom and what it is all to cover up story behind to keep and the judicial record ill maintained in view of past history of Punjab? 

Balbir Singh Sooch, Advocate, Ludhiana
March 18, 2008

www.sikhvicharmanch.com

News Reports-1

http://cities.expressindia.com/fullstory.php?newsid=102060
90 per cent record of judicial courts has perished

Monday, October 04, 2004
Sharat K. Verma

Ludhiana, October 3: It’s astonishing but true. Over 90 per cent record of the judicial courts Ludhiana has perished and is not available due to ill maintenance. Not only common men but advocates are also finding it difficult to find the records of their decided cases.

A local advocate Balbir Singh Sooch came to know this bitter reality when after two and a half years of filing an application to get the records of a case which had been decided in February 1979, on September 8 this year, he got a report from the copying agency that for the reasons of the building of the record room of more than 100 years old and in a dilapidated condition and due to leaking of roof, 90 per cent record was lying perished. Whatever record is available in good condition, the entry of that record was made in the register. Advocate Sooch had applied for this record on April 18, 2002.

 

It is pertinent to mention here that even after the shifting of the record room to the new building in July last year— when the district courts had shifted from the old to new building— the condition of the record room has not got better. On the shifting of the judicial record room all the bundles of all the judicial records were stacked in a room on the sixth floor of the new courts building. Now it is difficult to trace records from these bundles.

Advocate Sooch said the records of decided cases by the judicial and civil courts should be preserved for a very long time, may be for more than a century and for storage capacity to maintain and preserve as per rules of such cases, a huge building was required which should be neat and clean, spacious enough with proper air and light, free from ants, insects and dampness.

According to local advocates, unlike the record of other offices, important documents of title like wills, sale deeds, lease deeds, exchange deeds, partnership deeds, relinquishment deeds, dissolution deeds, site plans, statements of the parties and witnesses, affidavits and counter affidavits along with judgments and orders, first information reports (FIRs) and even certified copies of rare centuries-old records produced in courts form part of the case records. Sometimes, the copies of the old record are sought for by the legal heirs of their ancestors to settle property or family disputes arisen long after those decisions.

Advocates say the courts also expect the parties to produce such old record to decide pending disputes, including appeals, revisions and review petitions. ‘‘But in case of Ludhiana, lucky are those who obtain and preserve copies of such document but they are few,’’ Sooch added.

Former DBA president Harish Rai Dhanda said all the judicial records were very pious and its sanctity should be maintained. He said proper racks be kept in the record room so that all the bundles of records can be preserved. Or, Dhanda said, all the records should be computerised.

When contacted, District and Sessions Judge Baldev Singh said there was a proposal to computerise all the judicial record rooms all over the state and the record room at Patiala had already been computerised. He said the judicial record room at Ludhiana would also be computersied soon. About the perished records, he said there were provisions in the Indian Evidence Act for the secondary evidence and in case the records had been destroyed the courts order re-construction of the records from secondary sources. 

 News Reports-2
http://www.expressindia.com/latest-news/Fire-at-old-courts-record-room-reason-unknown/285675/
Fire at old courts’ record room, reason unknown

Ludhiana, March 17 A major fire broke out in the old courts record room in Civil Lines area on Monday morning. The fire continued for close to seven hours and it took 30 fire tenders to douse the flames.

The courts were shifted to the Mini Secretariat area around four years ago. The record room had been locked up ever since and did not even have a power connection. Sources said most of the records had already been shifted to the Mini Secretariat when the staff had shifted to the new building.

Division Number 8 SHO Ravinder Singh said the cause of the fire has not yet been ascertained. Members of the fire brigade team said there was wood lying both inside and outside the record room — the reason why the fire spread rapidly. The roof of the room was completely destroyed.

Said Additional District Fire Officer Kartar Singh,“We could not determine the exact reason of the fire. There is no electricity wire near the room as well. So we have intimated the police”. He said the team could not make out whether there were any records in the room because of the thick smoke and flames.

Meanwhile, one of the fire tenders turned turtle near the Dholewal Chowk because a vehicle was coming from the wrong side. The driver and the fireman escaped unhurt but the vehicle was damaged. The ADFO has appealed to residents to give way to fire tenders so that they can reach in time.

 
Books
Cry for Justice
Letters
Human Rights
  Poetry  
     
  Links  
     
  All Headlines  
     
     
 
Index  |  Home  |  Panjabi Section  |  Author  |  Founder  |  Feedback  |  Links

Copyright © Balbir Singh Sooch, Chief and Spokesperson, Sikh Vichar Manch, Ludhana, Punjab (India)