EDUCATION

Exams and tension

IT is exam time and there is tension all around. Little children detest the word, teenagers dread it and adults push the former to extremes of perseverance under the garb of “study, study and you will shine in life”.

Instead of rearing carefree, happy, cheerful and observant children, we encourage fear, tension, negative competition or passivity. Children dread school and cringe at the mention of exams.

School should be a resource to inculcate a desire for learning and knowledge, self-belief and understanding. Instead, these encourage memorisation by rote, destructive competition and tension.

We need to be more prudent. It is high time schools reduce syllabi and instead foster an atmosphere that encourages learning, creativity, team work and that instills a ‘enjoy what you do’ attitude in children.

How will our children be more cheerful? When it is time for them to explore life, we destroy it by burdening them. When it is time for them to acquire knowledge we teach them to mug and forget. When it is time for them to be more understanding we demolish them by laying emphasis on destructive competition instead of values. The result is that those children who cannot cope get stressed, and look to destructive alternatives in an effort to escape from their problems.

It is time for teachers, principals and parents to awaken and realise the importance of guiding children along the right lines and cultivate a happy, strong and bright foundation for our children so that they can grow into contented, carefree and happy-go-lucky stress-free adults.

— Lalita Prakash

COURTS

Consumer forum orders compensation
Tribune News Service

PANCHKULA, March 17 — The District Consumer Disputes Redressal forum has ordered the Department of Posts and Telegraphs to pay Rs 1000 for mental agony and harassment and Rs 500 towards costs of proceeding to Mr S.P. Singh, a resident of Sector 2, for deficiency of service.

In his complaint, Mr Singh had alleged that he had remitted Rs 2000 by money order in April 1998 in favour of his son, a student at Rohtak, and it failed to reach him within the normal course of three days.

The complainant, in turn, wrote a letter to the Senior Post Master in Rohtak in May, 1998, informing him of the delay in delivery of the money order. In response, the SPM informed him that the same had not been received at his post office till May 15 after which he made a written complaint to the Post Master, High Court branch, on May 21.

Mr Singh further contended that the examinations of his son concluded on May 26, after which he left for his house. However, the complainant received a letter from the SSP wherein it was informed that the inquiries made into the case revealed that the payee left without any forwarding address and the money order was returned to the remitter by SPM, Rohtak, in May 1998.

In a written statement filed by the opposite party, it was stated that the money order was sent to Rohtak on April 27 and on receipt of the complaint a searching note was issued to SPM, Rohtak, who informed that the person who was to get the money had left without any address.

The bench observed that the money order was received without any entry in the High Value Money Order List which amounts to deficient service.

Lawyers to step up stir
From Our Legal Correspondent

CHANDIGARH, March 17 — At a meeting to strengthen the ongoing agitation of lawyers against the proposed amendments in the CPC and the Advocates Act, the president and secretary representing the High Court Bar and about 25 district Bars in Punjab, Haryana and Chandigarh, it has decided to intensify the agitation through dharnas and hunger strikes and to participate in the demonstration at Delhi on March 22.

The President of the HC Bar Association Mrs Daya Chaudhary, who presided over the meeting, appealed to trade unions and political parties to extend their support to them.

Twenty-one lawyers sat on dharna-cum-hunger strike today. These included Mr G.C. Dhuriwala, a former HC Bar President, and Mr Joginder Singh Toor, president of the local unit of All India Lawyers Union.

SC’s judgement may adversely affect accused: lawyers
By Saurabh Malik
Tribune News Service

CHANDIGARH, March 17 — Supreme Court of India’s judgement, stating there is no legal requirement for the trial court to pass an order specifying the reason as to why the court has opted to frame charge, may adversely affect the interest of the accused, believe advocates.

Describing framing of charges as most important stage of the trial, where the court is obliged to sift and weigh the facts and circumstances of the entire case, advocates here insist that in the absence of a reasoned order, the already over-burdened Revisional Courts will have to go through the statement of the witnesses recorded by the police, along with the documents relied upon by the prosecution.

“To say a Magistrate is not required to pass a speaking order at the framing of charge stage will be against the very spirit of procedural law,” advocates add.

The Supreme Court, in Kanti Bhadra Shah and another versus State of West Bengal (AIR 2000 SC 522), had observed, “If the trial court decides to frame charge, there is no legal requirement that he should pass an order specifying the reasons as to why he opts to do so.”

Justice K.T. Thomas and Justice D.P. Mohapatra had also observed, “Framing of charge itself prima facie shows that the trial court has formed the opinion, upon considering the police report and other documents and after hearing both sides, that there is ground for presuming that the accused has committed the offence concerned.”

The apex court had further observed: “Section 246 requires a Magistrate to record his reasons for discharging the accused but there is no such requirement if he forms the opinion that there is ground for presuming that accused has committed the offence, which he is competent to try. In such a situation, he is only required to frame a charge in writing against the accused.”

Legally, charge means accusation. The stage in a criminal trial where a formal accusation is made against the accused is termed as framing of charge. According to advocates, a Magistrate is legally required to consider the entire police report. The accused is discharged if the magistrate considers the accusations to be groundless.

Emphasising upon the need to reconsider the Supreme Court’s judgement by a larger Bench, the Secretary of the Punjab and Haryana Bar Council, Mr Puran Singh Hundal, says, “A Magistrate is required to apply his judicial mind while considering the documents before framing the charge. If that is so, he will have to pass an order stating that the documents were considered and the prosecution along with the defence were also heard.”

Agreeing with him, a Punjab and Haryana High Court advocate, Mr Matvinder Singh, asserts, “Any order substantially affecting the rights of the parties has to be a reasoned one so that the superior court is able to assess the legality and correctness of the same.

He adds “There is no need to pass a reasoned order for framing charges if the accused does not raise any objection. But if important legal issues, going into the root of the matter, are raised, then the court is under obligation to pass a reasoned order. In substantial number of cases, a reasoned order also convinces the accused against moving the revisional court.”

Elaborating upon the problems the superior court may encounter if police report and the statement of witnesses is to be examined in the absence of a detailed order, he says, “The High Court judges, who do not know Hindi or Punjabi, will be forced to get the report under Section 173 of the CrPC, and the statements, translated, resulting in delay.”

Disclosing that the Supreme Court, in a number of cases, had held that the order framing charges substantially affected a person’s liberty, a District Court advocate, Mr K.S. Lamba, fears, “If a detailed order is not passed, the Magistrate or the Judge just might frame the charge on the basis of the police report, without applying his judicial mind.”

He elaborates: “A detailed order is passed to apprise the higher court regarding the position of the accused before the trial court, whether a specific point in defence is argued or not. As the arguments in defence will not be recorded, the superior court will not come to know whether judicial mind was applied by the Magistrate or not.

Claiming the implications of the judgement to be far-reaching, a Punjab and Haryana High Court advocate Mr. A.P.S. Shergill says, “The prosecution may be able to secure convictions even in false cases.

Quoting the Supreme Court, he asserts, “Reasons introduce clarity and minimise chances of the orders being passed arbitrarily”. Trial court’s orders, “should be detailed and not necessarily lengthy.”

SPORT

SJOBA rally to be flagged off today
By Our Sports Reporter

CHANDIGARH, March 17 — The SJOBA 2000 Thunderbolt Sub Himalayan Rally will be flagged off tomorrow morning from St John's High School, Sector 26. This was disclosed by Mr Y. Saboo, President of the St John's Old Boys Association. The total distance of the proposed rally will be 275.7 km with a competitive stretch of 81.0 km. This year, the route of the rally will be the reverse of the one in the past year. It will pass through Mani Majra, Pinjore, Parwanoo, Chakki Ka Mor, Bhoj Nagar, Gaura and Chail. After lunch, the rally will resume from the Chail palace and proceed towards Dharampur, Garkhal, Masul Khana, Mandana, Kona, Karondia and the PGI before culminating at St John's School. The first vehicle is expected to reach the school by about 3 pm.

Four and two wheelers of all categories will be part of the rally.

Players selected: A team of four players has been selected on the basis of a tournament held recently, to represent the UT in the All-India Summer Nationals Bridge Championship at Kasauli (HP) next month.

The selected players are as follows: First team — Rakesh Goel, Deepak Dutta, Surjit Kapoor, Col Rattan Bajwa; runners-up — M.L. Panghotra, Col Amrik Singh Hansrao and Harjit Sidhu.

Earlier, seven teams took part in the selection tournament organised by the Chandigarh Bridge Association. At the end of seven rounds, top four teams were selected on the point basis. These four teams further played three rounds each of 12 deals for the selection of the final team. The team of Rakesh Goel won the tournament with 181 victory points. The runners-up team of M.L. Panghotra got 150 victory points.

Cricket tourney: Prudential Cricket Club beat Youth Cricket Club by nine wickets today in the B.S. Duggal Memorial Cricket Tournament being played here at Government Senior Secondary School, Sector 27, today.

Batting first, Youth CC scored 123 runs in 23.4 overs. In reply, Prudential Cricket Club, helped by the batting of Manish Joshi who scored unbeaten 58 runs, achieved the targed easily. Manish was also declared the man of the match.

Brief scores: Youth CC — 123 runs in 23.4 overs (Baljeet 19, Sunil 13, Mukesh 3 for 24, Rakesh Arora 2 for 22, T.P. Singh 2 for 25); PCC — 124 for one in 14.2 overs (Manish Joshi 58 n.o., Balwinder Singh 25, Pawan 19 n.o.).

Mountain bikers battle forest course
By Our Sports Reporter

CHANDIGARH, March 17 — The Chandigarh Amateur Cycling Association organised the Hero Chandigarh Mountain Bike Championships today at the forest area near Panjab University grounds where more than 100 cyclists participated. The response to the meet was tremendous with young cyclists showing their driving skills and testing their stamina and endurance. The one-day meet was inaugurated by Mr Jasbir Singh Saini, Chairman of the Mountain Biking Commission of the Cycling Federation of India.

The cross country race in the boys' section witnessed a close finish. The race course designed by Mr Sawinder Singh, Technical Adviser of the CACA had a number of features like water patches, artificial obstacles and sand ways along Patiali Rao Cho. Dr Nawal Kishore, Reader in the Department of Geology of Panjab University, gave away the prizes.

Mr Rakesh Mohindra, Secretary of the CACA hoped that the city team would give its best in the forthcoming Hero National Mountain Bike Championship to be held here from March 24 to 26.

Results: Senior men's course (Country Point to Point One lap race) — A. Kolandi Vel (CCC) 1, Surinder Pal Singh (CCC) 2, Vitul Sharma (DAV College, Sector 10) 3.

Junior boys' course (Country Point to Point One lap race) — Paljinder Singh (DAV Public School, Sector 15) 1, Parmod (Government Model Senior Secondary School, Sector 40) 2, Ankur Kaul (St Anne's, Sector 32) 3.

Senior women's course (Country Point to Point One lap race) — Chetna (Government Girls Senior Secondary School, Sector 18) 1, Shweta (PU campus) 2, Rajni (Government Senior Secondary School, Sector 16) 3.

Junior girls' course (Country Point to Point One lap race) — Shivika (St Anne's-32) 1, Manpreet (Government High School, Sector 11) 2, Gaganpreet (St Anne's-32) 3.

Senior men's course (Country four laps race) — A. Kolandi Vel (CCC) 1, Jeesu (PU campus) 2, Vitul Sharma (DAV College, Sector 10) 3.

Junior boys' course (Country two laps race) — Ankur Kaul (St Anne's-32) 1, Parmod (Government Model Senior Secondary School, Sector 40) 2, Rohit Sharma (DAV College, Sector 10) 3.

CULTURE

Haryanvi film release on May 5
Tribune News Service

CHANDIGARH, March 17 — Laado, perhaps the first Haryanvi presentation of the National Film Development Corporation, is scheduled for release on May 5. This was announced in a press conference here today.

The story is set in a contemporary Haryana village — a feudal society firmly entrenched in tradition, yet at the same time, going through a turbulent phase. Laado represents trials and struggles of a young woman caught in a trap of change.

The film produced by Kumud Chaudhary has been directed by Ashwani Chaudhary. The NFDC had also given an award for the story of the movie earlier. Ashutosh Rana, Arundhati and Sanjay Singh comprise the main lead of the story. Harvinder Malik, associate producer of the movie, said the screenplay was based on a story written by Prof Surinder Chaudhary. Lalit Sen is the music composer while lyrics have been written by Maya Govind.