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Wednesday, 4 April 2012

Traffic checking by police...DGP again issued circular due to complaints of harassments..



No: U1/17273/2012
Police Headquarters,
Kerala, Thiruvananthapuram,
Dated:  28/03/2012.
Circular No. 06/2012
Sub:- Detection of Traffic Offences- Use of Digital Equipments and
Avoidance of Complaints of Harassment – Instructions – Issued -reg.
 
It is seen that Officers are not adequately utilising the various equipments
supplied to them for detecting traffic offences. Most MV Petty cases are still seen
detected through traditional methods after stopping several vehicles simultaneously in
a queue, summoning drivers with papers and detaining commuters for a long time on
the road.
02. It is hereby directed that detection of traffic related cases by digital means
should be resorted to wherever possible. Equipments like digital camera, traffic
surveillance camera, mobile phone cameras, hand held video cameras, alcometers,
speed radars etc which are supplied to the Police Stations/ Circles should be used more
often to detect offences. This will not only provide us with proof which could be sent to
offenders while asking them to remit fines but also ensure that police do not have to
enter into unnecessary arguments with vehicle drivers. The e-chalan system, which is
being successfully used in Thiruvananthapuram City, can be extended later to other
cities also, to enable payment compounding fee at banks without coming to the Police
Station.
03. Similarly, pedestrian safety can be ensured by making the footpaths free from
obstruction of any sort. Any vehicle found parked on footpaths can be charge sheeted
after digitally recording the offence so that we have substantial proof with us when we
take legal action. Obstructions such as piling of metal, sand, pipes, merchandise,
timber or any such material on the footpath will force a pedestrian to walk on the road
which is dangerous to him. All such obstructions can be prevented and violators
penalized by taking digital photographs of such obstructions and taking further action.
04. All officers are directed to strictly ensure maximum use of digital technology
while detecting MV offences. It is also decided that to encourage use of technology by
police personnel. The SPs/CPs may review adoption of modern technology for
detection of offences and reward those SI/ASI/SCPO/CPO who have taken significant 2
volume of action through adoption of technology. In suitable cases, reward rolls may
be sent up to IGPs/ADGPs and the State Police Chief also.
05. All officers are also instructed to ensure the compliance of the following
instructions, while conducting checking for traffic related Motor Vehicle offences, which
had been issued at different times earlier:-
a. Only one vehicle will be stopped for traffic offence checking at a time.
b. After the vehicle is stopped, the driver shall not be required to get down
from the vehicle, unless such action is necessary to detain him or arrest him
in connection with an offence.
c. No driver will be asked to get down from the driver’s seat and come with
records to an officer who is sitting far away from the vehicle under check.
d. As far as possible, only those vehicles which are seen to be violating any law
should be stopped: that is to say, the detection of the offence should
preferably be by observing the vehicle and driver in motion and not by
checking the records after getting the vehicle stopped to examine whether
there is any violation.
e. Violations relating to helmet wearing should be regularly and continuously
done in every district at pre-announced and well-earmarked fixed points.
The points should be specially chosen and located at different places to
cover all major routes. The objective is not to catch people by surprise, but
to educate people in safety habits by proper enforcement. Enforcement must
serve this larger purpose also. Pre announced and fixed check points with
proper markings will motivate higher rate of compliance than random
unannounced surprise checking.
f. No Two-wheeler rider should be pursued in a “hot chase” for “booking” him
for not wearing a helmet.  
06. All SPs/CPs will explain this Circular to all officers in their monthly Crime
Conference and see that the instructions are implemented in proper spirit to ensure
greater traffic safety and greater compliance with rules.
STATE POLICE CHIEF,
KERALA
To
      All Officers in list 'B'
Copy to : All CAs in PHQ/All Section Heads in PHQ
     "      : Manager, AO, SFO
     "      : Circular Book & SF

Full text in http://www.sherrylegal.com/articles.php?category_id=7

Wednesday, 28 March 2012

expert qualification fixed for the post - court interference.

When expert qualification is fixed by the competent authority, ordinarily court shall not interfere with such matters.. 2001 3 SCC 110 OP Lather & Others V.  Sathish Kumar Kakkar.

eligibility to the post fixed by the authority - court interference- supreme court

Once the authority has fixed the eligibility for a particular post, or the qualification has been fixed, it is not for the court to embark upon investigation on that. 1998 7 SCC 273-Duryodhan Sahu Vs J.K.Misra

Tuesday, 28 February 2012

A PERSON CONSUMED LIQUOR IS FOUND IN A PUBLIC PLACE- WHETHER AN OFFENCE IN KERALA?


A person who has consumed liquor, but not intoxicated, is seen in disorderly behavior- whether it is an offence? /Drunken person found in public vehicle/
Irrespective of the degree of the drunkenness, if the person who consumed liquor is seen in public place in disorderly behavior, he can be punished. But mere presence in public place after consuming liquor is not an offence, he must have been found in an intoxicated manner or rioting condition incapable of looking after himself.
Penalty- imprisonment which may extend up to three years OR with fine not exceeding ten thousand rupees.
Latest Reference - Decision of Kerala High Court by Js N.K.Balakrishnan in Crl MC 3315/2011- Judgment dated 2-12-2011. The Kerala Police Act 2011- section 118(a)

Friday, 17 February 2012

KERALA PROMOTION OF TREE GROWTH IN NON-FOREST AREAS RULES 2011

In connection with the Kerala Promotion of Tree Growth in Non-forest Areas Act 2005, the Kerala Government enacted the rules for the proper implementation of the Act.
The rule laid down the procedure for filing declaration  before cutting a specified tree or transportation of timber of a specified tree. It also laid down the procedure for obtaining prior permission for cutting tree.

New law for erection, maintenance of lifts and escalators in Kerala.

The Kerala Government has promulgated an ordinance to regulate the erection, maintenance and safe working of lifts and escalators in the State called  KERALA LIFTS AND ESCALATORS ORDINANACE 2011.
As per this law, permission has to be sought from the Inspector (Electrical inspector appointed by the State Government under Electricity Act).
License is also needed for undertaking such works. Violation of the provisions of this law would invite criminal liability for the wrongdoers. 

Saturday, 21 January 2012

While vehicle checking, the Sub Inspectors shall not call the drivers to the Jeep, for showing records- Disciplinary action against those delinquent officers- DGP Circular.

The Kerala Police Director General at last succumbed to pressure from public and socio-legal activists. Thanks to the Media, especially, Manorama news for taking up the issue. The DGP issued direction to the station house officers that no police officer shall sit inside vehicle while conducting vehicle check up.
Calling drivers near to the jeep, where the SIs will sit and asking to show records are strictly prohibited in the circular. Disciplinary action will be initiated against those officers.
Circular dated 13-1-2012 U1 2875/2012.

Friday, 13 January 2012

Deemed license in Panchayath Raj Act
A deemed license in Panchayath Raj Act can be held to be valid only for a period of one year.
2011 1 KHC 618 DB
Can a hostel exempted from payment of building tax?
Hostels can be exempted from payment of building tax even if few teachers are also residing there in along with the students.  2011 1 KHC 125 FB
Assessment of building tax..
A single building consisting of two separate flats constructed by the same person has to be assessed as a single building.. 2011 1 KHC 133 FB
Paper publication ordered by the court. If party has no money ?
If party cannot afford publication in newspapers which is more expensive, the court is bound to consider the alternate plea for publishing the notice in other news papers which are less expensive.
Can a person dig his property ?
A person has right to dig to the very extremity of his property, provided the natural right available to the neighbour is not infringed. Held the High Court of Kerala while dealing the matter went up from a suit for mandatory injunction.  2011 3 KHC 456
Temporary injunction in a civil suit cannot be granted if it affects a person who is not a party to the case; held the Kerala High Court. 2011 2 KHC 607