Saifuddin Kitchlew (Forgotten Hero of Amritsar )

Saifuddin Kitchlew (15 January 1888 – 9 October 1963) was an Indian freedom fighter, barrister, politician and later a leader of the peace movement. A member of Indian National Congress, he first became Punjab Provincial Congress Committee (Punjab PCC) head and later the General Secretary of the AICC in 1924. He is most remembered for the protests in Punjab after the implementation of Rowlatt Act in March 1919, after which on 10 April, he and another leader Satyapal, were secretly sent to Dharamsala. A public protest rally against their arrest and that of Gandhi, on 13 April 1919 at Jallianwala Bagh, Amritsar, led to the infamous Jallianwala Bagh massacre.^] He was also a founding member of Jamia Millia Islamia. He was awarded the Stalin Peace Prize (now known as Lenin Peace Prize) in 1952. 

Know the saifuddin Kitchlew 

Kitchlew was born to the Kashmiri Muslim family of Azizuddin Kitchlew and Dan Bibi in Amritsar, Punjab. His father owned a pashmina and saffron trading business and originally belonged to a Brahmin family of Baramulla. His ancestor, Prakash Ram Kitchlew, had converted to Islam and his grandfather, Ahmed Jo migrated from Kashmir in the mid-19th century after the Kashmir famine of 1871. 

Kitchlew went to Islamia High School in Amritsar, later obtaining a B.A. from Cambridge University, and a Ph.D. from a German university, before practising law in India (amritsar ) he was the member of amritsar bar association.

Career

On his return he established his legal practice in Amritsar, and soon came in contact with Gandhi. In 1919, he was elected the Municipal Commissioner of the city of Amritsar. He took part in the Satyagraha (Non-cooperation) movement and soon left his practice to join the freedom movement, as well as the All India Khilafat Committee. 

Jallianwala BaghKitchlew was first exposed to Indian nationalism after public outcry over the Rowlatt Acts. Kitchlew was arrested with Gandhi and Dr. Satyapal for leading protests in Punjab against the legislation. To protest the arrest of the trio, a public meeting had gathered at the Jallianwala Bagh, when General Reginald Dyer and his troops fired upon the unarmed, civilian crowd. Hundreds were killed, and hundreds more injured. This act was the worst case of civilian massacre since the Indian rebellion of 1857 and riots broke out throughout the Punjab. 

Political mainstream

Kitchlew rose in the Congress Party, heading its Punjab unit before rising to the post of AICC General Secretary, an important executive position in 1924. Kitchlew was also the chairman of the reception committee of the Congress session in Lahore in 1929-30, where on 26 January 1930, the Indian National Congress declared Indian independence and inaugurated an era of civil disobedience and revolution aimed to achieve full independence.

Kithclew was a founding leader of the Naujawan Bharat Sabha (Indian Youth Congress), which rallied hundreds of thousands of students and young Indians to nationalist causes. He was a member of the Foundation Committee of Jamia Millia Islamia, which met on 29 October 1920 and led to the foundation of Jamia Millia Islamia University. 

He started an Urdu daily Tanzim and was instrumental in the establishment of Swaraj Ashram in January 1921 at Amritsar to train young men for national work and to promote Hindu-Muslim unity. Throughout the 1930-1934 struggles, Kitchlew was repeatedly arrested, and in all spent fourteen years behind bars.

Kitchlew supported a united Indian nationalism against British imperialism and opposed the partition of India, holding that a divided India would weaken Muslims, both economically and politically. 

Post-independence

Kitchlew was opposed to the Muslim League's demand for Pakistan and later in the 1940s became President of the Punjab Congress Committee. In 1947 he strongly opposed the acceptance of the Partition of India. He spoke out against it at public meetings across the country, and at the All India Congress Committee session that ultimately voted for the resolution. He called it a blatant "surrender of nationalism for communalism". Some years after partition and Independence, he left the Congress. He moved closer to the Communist Party of India. He was the founder president of the All-India Peace Council and remained President of 4th Congress of All-India Peace Council, held at Madras in 1954, besides remaining Vice President of the World Peace Council. 

Kitchlew moved to Delhi after his house burnt down during the partition of India riots of 1947, spending the rest of his life working for closer political and diplomatic relations with the USSR. He received the Stalin Peace Prize in 1952  in award ceremony he said " mujhe is baat ki khushi nhi k ye award mujhe mil rha hai mujhe is baat ka garv( proud ) hai k yeh award ek hindustani ko mil rha hai " 

Legacy

in amritsar a chownk namely kitchlew chownk or kacheri chownk is establised.A colony in Ludhiana, Punjab, popularly called Kitchlu Nagar, is named after him. Indian Post released a special commemorative stamp featuring him in 1989. 

The Jamia Milia Islamia created a Saifuddin Kitchlew Chair at the MMAJ Academy of Third world Studies in 2009. 

Kitchlew suffered a cardiac arrest and died on 9 October 1963. On his death, Nehru had remarked, “I have lost a very dear friend who was a brave and steadfast captain in the struggle for India’s freedom”

A Journey from Udham Singh To Ram Mohammad Singh Azad

SHER SINGH (Sardar Udham singh )had lost his parents when he was just seven. At the age of eight, he and his brother were sent to an orphanage in Amritsar. Ten years later, in 1917, his brother passed away. The next year, after completing his matriculation, he left the orphanage only to witness the massacre at Jallianwala Bagh in 1919.

Very few have suffered greater tragedies than this 20-year-old. But why I am sharing this bit of history. Because this boy would give to himself a name that no Indian has ever had. And if names were the criterion for glory, I am not aware of a better name. He was born as Sher Singh, but when he was admitted to the Central Khalsa Orphanage in Amritsar, they renamed him Udham Singh. Later, Udham Singh would give himself a new name during the last years of his life.

Shortly after the massacre at Amritsar, he moved to the United States, where he was briefly associated with the Ghadar Party, and then returned to India. Arrested in India for possession of unlicensed weapons, Udham Singh was sentenced to five years in prison. After his release, he escaped from Punjab to Kashmir, and reached England via Germany. 

On March 13, 1940, he shot Michael O'Dwyer, who was the lieutenant governor of Punjab when the Jallianwala Bagh massacre took place. He, however, did not run away and instead offered himself up for arrest. That was the time for him to rechristen himself.

When asked to reveal his identity, Sher Singh, who had been renamed Udham Singh, announced his name as Ram Mohammad Singh Azad. By doing do, he identified himself with both Ram and Prophet Mohammad, while using Singh for his own faith. Azad stands for freedom, a ‘surname’ that was also used by Chandra Sekhar and Maulana Abul Kalam.

The child Sher Singh, who went on to become Udham Singh and later immortalised as Ram Mohammad Singh Azad 

Salute to him & everyone should know about his journey from udham singh to ram mohammad singh azad 🙏🏼

Stages in Criminal Cases

 Stages in Criminal Cases In India Under Criminal Procedure Code,

A. Pre-trial stage

B. Trial stage

C. Post-trial stage

Now, each stage having some steps to be fulfilled they are :

 

A. Pre-trial Stage

1 Commission of an offence (cognizable or non cognizable)

first we need to understand what is cognizable & non coginzable

Cognizable Offence:

A cognizable offence is an offence in which the police officer as per the first schedule or under any other law for the time being in force, can arrest the convict without a warrant and can start an investigation without the permission of the court. Cognizable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death etc. The first information report (FIR) is registered only in cognizable crimes.

Under section 154 Criminal Procedure Code (CrPC), a police officer is bound to register an FIR in case of a cognizable crime

Non-Cognizable Offence:

A non-cognizable offence is the offence listed under the first schedule of the Indian Penal Code and is bailable in nature. In case of a non-cognizable offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court. The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes.

2. A. Information to police.

B. Complaint to magistrate. 

A. Information to police :

a. Information of cognizable offence.

b. Information of non cognizable offence.

a. Information of cognizable offence :

Under Section 154 of the Code of Criminal Procedure, a FIR or First Information Report is registered. FIR puts the case into motion. A FIR is information given by someone (aggrieved) to the police relating to the commitment of an offense.

b. Information of non cognizable offence :

In case of non cognizable offence N.C.R (non cognizable report) is registered by police under section 155 of Cr.P.C. but the police cannot start investigation or arrest the accused without the order of a Magistrate having power to try such case.

B. Complaint to magistrate - Section 2 (d) of the Code of Criminal Procedure defines the term 'complaint as any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. On receipt of a complaint a Magistrate has several courses open to him.

He may take cognizance of the offence and proceed to record the statements of the complainant and the witnesses present under Section 200, Cr Thereafter if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Section 203, Cr PC. If in his opinion there is sufficient ground for proceeding he may issue process under Section 204, Cr PC.

However, if he thinks fit, he may postpone the issue of process and either inquire into the case himself or direct an investigation to be made by a police officer or such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding (Section 202, Cr PC).

He may then issue process if in his opinion there is sufficient ground for proceeding or dismiss the complaint if there is no sufficient ground for proceeding.

3. Investigation by Police :- Police conduct investigation for

1)  For collection of evidence;

2)  Interrogation statement of accused;

3) Statement of witnesses;

4)  Scientific analysis / opinion if required. During this time, at any stage decided by investigating agency, accused persons can be arrested.

In case of cognizable offence police can start investigation after the registration of FIR, no prior approval of magistrate is necessary. But in case of non cognizable offence, prior approval of magistrate is necessary to start investigation.

4. Anticipatory Bail :- Upon registration of FIR for cognizable criminal offence the accused may make an application for anticipatory bail in session court or high court. If anticipatory bail is granted then the accused cannot be arrested. If anticipatory bail is rejected then the accused can be arrested without warrant.

5. Arrest of the Accused :- In case of cognizable offence police can arrest the accused without warrant. However in case of non cognizable offence prior approval of magistrate is necessary.

6. Production of accused to magistrate :- Within 24 hours of the arrest the accused shall be produced before a magistrate having jurisdiction to try such cases.

7. Remand :- Whenever an accused is arrested for any offence and police cannot complete investigation within 24 hours then such person is produced before a magistrate for seeking extension of police or magisterial custody.

8. After investigation is completed:- If investigating agency feels a prima facie case is made out, charge sheet is filed in Court through the public prosecutor. If police feels that no prima facie case is made out, a final report filed in Court.

9. Cognizance of Offence by Magistrate :- After filling of charge sheet the next stage is taking cognizance of offence by magistrate under section 190 of the Criminal Procedure Code. In the language of the Hon'ble Apex Court employed in its earliest decision R.R.Chari v. State of U.P AIR 1951 SC 207 “taking cognizance does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate as such applies his mind to the suspected commission of offence"

10. Service of summons/warrant to accused and Process to compel appearance under chapter 6 of Cr.P.C.

11. Appearance of accused before court & engagement of advocate.

12. Filing bail application/ furnishing surety.

13. Decision is taken by the Court after hearing the public prosecutor and the counsel for defence:

A. On question of Charge sheet:

a. Court can reject charge sheet, in which case the accused is discharged. Or,

b. Court can accept that a prima facie case is made out, frame the charges, and post the case for trial. Case goes to next stage.

a. Court can accept the final report- case is closed and accused is discharged. Or,

b. Court can reject the final report, and direct the police to further investigate the case. Case goes back to the Stage of investigation. Or, c. If the Court direct the case to be posted for trial. Case goes to next stage.

14. Framing Of Charge :- After considering the police report and other important documents the accused is not discharged then the court frames charges under which he is to be trialed.

 

15. Conviction on plea of guilty :- If the accused pleads guilty, the court shall record the plea and may, at discretion convicts the accused.

16. If the accused pleads not guilty. Case is posted for trial.

B. Trial stage

17. Commencement of trial - Generally speaking trial of a case commences when the case is posted for examination of witnesses. Trial may be -

a. Sessions trial

b. Warrant trial

c. Summons trial

d. Summary trial

18. Prosecution evidence:- After the charges are framed, and the accused pleads guilty, then the court requires the prosecution to produce evidence to prove the guilt of the accused. The prosecution is required to support their evidence with statements from its witnesses. This process is called "examination in chief". The magistrate has the power to issue summons to any person as a witness or orders him to produce any document.

19. Statement of the accused:- Section 313 of the Criminal Procedure Code gives an opportunity to the accused to be heard and explain the facts and circumstances of the case. The statements of accused are not recorded under oath and can be used against him in the trial.

20. Defence evidence:- An opportunity is given to the accused in a case where he is not being acquitted to produce so as to defend his case. The defense can produce both oral and documentary evidence. In India, since the burden of proof is on the prosecution the defense, in general, is not required to give any defense evidence.

21. Final Arguments:- Public Prosecutor and the defence counsel present their arguments.

22. Judgment and sentence by the Court:- The final decision of the court with reasons given in support of the acquittal or conviction of the accused is known as judgment.

23. Arguments on sentence:- When the accused is convicted, then both sides are invited to give arguments on the punishment which is to be awarded. This is usually done when the person is convicted of an offense whose punishment is life imprisonment or capital punishment.

However when the sentence is pronounced in a summons case, the parties need not argue on the amount of punishment given. The sentence is the sole discretion of the judge.

24. Judgment of Court passing sentence:- After the arguments on sentence, the court finally decides what should be the punishment for the accused. While punishing a person, the courts consider various theories of punishment like reformative theory of punishment and deterrent theory of punishment. Court also considers the age, background and history of an accused and the judgment is pronounced accordingly.

C. Post-Trial Stage

25. Appeal (within specified period of limitation)/Revision :- Appeal can be filed by party aggrieved by judgment on acquittal / conviction /sentence. On notice being issued to the opposite parties, arguments are placed before Appellate court by defence counsel and the public prosecutor. Or,

Revision Application :

Where there is right of appeal provided but no appeal was filed then in its discretion the Sessions Court or the High Court can entertain a revision to prevent miscarriage of Justice occurred by the orders of the lower court.

26. Judgment of the Appellate Court or Court having revisional jurisdiction.

27. Execution of Sentence.

EVIDENCE AS PER INDIAN LAW

 What is Evidence under Indian Evidence Act,

Evidence is  that which tends to prove or disprove something; ground for belief OR proof. 
every case depends upon evidence, without evidence no lawyer can prove the case in favour of his  client

There are various types of evidences under the Indian Evidence Act, 1872. These are mentioned below-

1) Oral Evidence

2) Documentary Evidence

3)Primary Evidence

4) Secondary Evidence

5) Real Evidence

6) Hearsay Evidence

7) Judicial Evidence

8) Non- Judicial Evidence

9) Direct Evidence

10) Indirect Evidence or Circumstantial Evidence

11) Forensic Evidence

12) Digital Evidence

These are elaborated below-

1) Oral Evidence–  Section 60 of the Indian Evidence Act explains Oral Evidence. Oral Evidences are those evidences which are personally seen or heard by the witness giving them and not heard or told by some one else. All the statements which are permitted by the court or the court expects the witness to make such statements in his presence regarding the truth of the facts, are called as Oral Evidences.

Oral evidences must always be direct. An Evidence is direct when it establishes the main fact in issue.

2) Documentary Evidences –  are defined under section 3 of the Act. All those documents which are presented in the court for inspection regarding a case, such documents are known as documentary evidences.

3) Primary Evidence – Section 62 of the Indian Evidence Act defines Primary Evidence. Primary evidences are the most superior class of evidences. These are those evidences which are expected by the law and admissible and permissible at the first place. These are those evidences which in any possible condition gives the vital hint in a disputed fact and establishes through documentary evidence on the production of an original document by the court.

4) Secondary Evidences – are defined under section 63 of the Act. These are those evidences which are entertained by the court in the absence of the Primary evidences. Therefore it is known as secondary evidences.

5) Real Evidences – Real evidences are those evidences which are real or material evidences.  Real evidence or proof of a fact is brought to the knowledge of the court by an inspection of a physical object rather than by deriving an information by a witness or a document.

6) Hearsay Evidences –  Hearsay evidences are the ones which the witness has neither personally seen nor heard, nor has he percieved through his senses, but are those which have come to his knowledge through some other person. These are the most weak category of evidences.

7) Judicial Evidence – Judicial evidences are those which are given before the magistrate in the court. For example-  a confession made by the accused before the magistrate in the court is an Judicial Evidence.

8) Non- Judicial Evidence –  Any confession made by the accused outside the court and not in front of the magistrate but in the presence of some other person are termed as Non- Judicial evidences.

9) Direct Evidence –  Direct evidences are those evidences which establishes a fact. The best example of a direct evidence would be statement or confessions made by the witnesses.

10) Indirect or Circumstantial Evidence –  Circumstantial or indirect evidence are the ones which attempts to prove the facts in dispute by providing other facts. Circumstantial evidences are not definite proof. they only provide a general idea as to what occurred at the  crime scene

11) Forensic Evidence -Forensic Evidence is scientific evidence, such as DNA, trace evidence, fingerprints or ballistics reports, and can provide proof to establish a person’s guilt or innocence. Forensic evidence is generally considered to be strong and reliable evidence and alongside helping to convict criminals, its role in exonerating the innocent has been well documented. The term “forensic” means “for the courts”. Its use in workplace investigations is generally limited to serious cases that may end up in court.

12) Digital Evidence-Digital evidence can be any sort of digital file from an electronic source. This includes email, text messages, instant messages, files and documents extracted from hard drives, electronic financial transactions, audio files, video files. Digital evidence can be found on any server or device that stores data, including some lesser-known sources such as home video game consoles, GPS sport watches and internet-enabled devices used in home automation. Digital evidence is often found through internet searches using open source intelligence

PRENUPTIAL/PREMARITAL Agreements may be India's future law

what is Prenuptial agreement or premarital agreement ?

A prenuptial agreement is a contract between two individuals who are about to get married, outlining the state of finances and personal liabilities in case the divorce .

 

 is Prenuptial agreement or premarital agreement  valid in India ?

In India, no one thinks of divorce a time of solemnizing of a marriage,in India  premarital agreements are neither legal, nor valid under the laws of marriage because they do not consider marriage to be a contract. A marriage is considered as a religious bond between spouses and prenuptial agreements do not gain social acceptance. in India Prenups are considered against public policy. It cannot be valid according to Indian Contract Act, 1872 Section 23 which states:

“The consideration or object of an agreement is lawful, unless – it is forbidden by law; or is of such nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies injury to the person or property of another or; the Court regards it as immoral, or opposed to public policy.

In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void.”

. It is governed by law of contract and not by Hindu Marriage Act or any other statute relating to marriages or personal laws. The provisions of Section 10 of the Indian Contract Act, 1872 would apply to the contract as it would to any other type of contract in order for it to be valid.

various High Courts has ruled that prenuptial agreements are non-executable and invalid.

countries where prenuptial agreements are legal.

 Finland, France, Greece, Portugal, Spain, South Africa, Sweden, Russia, Taiwan, Thailand,Australia, Canada, Brazil, China and the United States Virgin Islands have made prenuptial agreements enforceable in their countries.

essentials  of the agreements ?

The countries that have legalized prenuptial agreements have rules and regulations that govern the legality and enforceability of the agreements. essentials  of the agreements are:

a) A prenuptial agreement must be in writing. Oral prenups are not valid.

b) The agreement should be mutually agreed upon and duly acknowledged by both parties.

c) Consent of the parties should be free of undue influence, fraud, misrepresentation, or cohesion. A prenup signed a day before marriage can be invalidated by the court.

d) Both parties should sign with proper legal representatives, preferably in front of witnesses or notary.

e) The clauses in the agreement should be reasonable. It means that both parties should be benefited equally.

Why Prenuptial agreement may be India's future law?

As divorce litigation is rising in India day by day, with one matrimonial dispute comes along with number of cases in courts like maintenance 125 crpc, sec 9,divorce 13 hma, domestic violence case,child custody and other cases with regards injunctions or etc. 

where as  Prenuptial agreement can help protect the interest of the parties and save both from any unforeseen circumstances and ugly divorces and unwanted litigation . One of the most important advantages of prenup is that it forces couples to have a financial discussion before the marriage. Some of the other reasons are listed below for opting for prenup:

1. facing expensive litigation  during divorce settlements can add to the financial drain of the party. The prenup saves both the parties from expensive litigation.

2. A prenup can save both the parties from carrying on each other’s financial obligations post marriage.

3. The properties owned by the parties can be divided peacefully during divorce proceedings through a prenup. It reduces uncertainty of division of property at the time of separation.

4. The alimony or maintenance is not calculated by the Court but is decided by the parties in the prenup.

5. It reduces the chances of appeals in the court as both have already safeguarded their interest through the agreement

as there is rise Indian divorce litigation soon India could opt this law in future  

Guidelines & Law related to POLICE ENCOUNTER

Police Encounters are also known as Encounter killings" or "retaliatory killings" or "extra-judicial executions"

 . The defense given by Police to justify such encounters is that it was done or carried out in their own self defense. The defense of encounter killing is only available to Police. On the contrary private defense is available to all citizens to confront with situations of grave danger to their life. Indian Penal Code (IPC), contains provisions related to private defense (Sections 96 to 100).

SUPREME COURT , in "PUCL vs State of Maharashtra AIR 2014" laid down guidelines and standard procedure to investigate a Police encounter. The Guidelines which were laid down are as follows:

1. Whenever any Police Department receives any substantial information or tip regarding any grave criminal offence it must always be recorded in written or electronic form. Although it must not contain the details of the alleged accused or his/her location.
2. Investigations of such encounters should be done in a transparent manner. It could be done by an independent Criminal Investigation Department (CID) team or by a team of another Police station under the supervision of Senior Officer.
3. Reports of all such encounters must without any delays should be sent to a Judicial Magistrate.
4. It is the duty of Police officers to inform National or State Human Right Commissions as the case may of any such encounters.
5. In such cases of encounters there should be no delay in sending First Information Report (FIR), panchnamas, and Police diary entries to the concerned court for investigation.
6. The dependants of the accused/ criminal must be informed immediately of such encounter.
7. In such cases of encounters a request for grant of compensation to the dependents of victim must applied as per the provisions of Section 357-A of the Code of Criminal Procedure.
8. The Police officers who was involved in such encounters must surrender their weapon for forensic and ballistic examination.
9. No promotional or gallantry awards must be given to the Police officers immediately after such encounters.
10. If the dependents of the accused/criminal thinks fit that the above laid procedure has not been followed then they can file a complaint with the Sessions Judge.