• Action on panchayath president for honouring a chargesheeted accused in Independence day celbration

In our village, there was an independence day celebration held in village panchayat office. In the independence day function the panchayat president had invided and honoured an ex-army personell who was also accused and already chargeseeted under sections 120-B, 420, 467, 468 of the IPC. Please note the chargesheet is already filed in the court and the case is in trial. The accused had done landgrabbing and cheated(420). The news of the FIR had come in news papers earlier. 1) Does this act of the panchayat president on independece day celebration of honouring a chargesheeted accused attract any offence on the panchayat president? Does this amount to insulting in our National Flag and Indian Constitution? Can legal action be taken on him? 2) Can we complain to the district colletor and ask for suspenion / removal of the panchat president from his office for not showing integrity by honoring the accused? 3) Any other legal grounds to take action on the panchayat president? It is really a shame that an institution of governance is honoring an accused that too in Independence day celebrations. Thank you.
Asked 1 year ago in Constitutional Law

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6 Answers

Complain to district collector against panchayat president inviting and honouring chief guest against whom charge sheet has been filed for serious criminal offences 

 

2)The District Collector cannot act as an extra constitutional authority over democratically elected President and Vice President of the Panchayat.

 

3)collector or Inspector of Panchayats can take action against the President of Panchayat, in case it is made out that the President abused the power vested in him.

 

4)show cause notice has to be issued and only after conducting inquiry action can be taken 

Ajay Sethi
Advocate, Mumbai
96707 Answers
7795 Consultations

There is only a charge sheet has been filed and he has not been convicted or undergoing any sentence.

Therefore there is no illegality or legal infirmity for him to participate in the Independence day celebrations.

He is also an Indian citizen, that too he has served the Indian army, hence there is no illegal act on the part of the Panchayat president to honor the ex-serviceman in the Independence day celebrations. 

T Kalaiselvan
Advocate, Vellore
86908 Answers
2330 Consultations

trial is still ON 

The accused is NOT yet convicted

he may be acquitted also on conclusion of the trial

the accused cannot be branded as a convict at this stage despite chargesheet having been filed. Its just a chargesheet. Not a final judgment of the Court convicting the accused. The offences are yet to be proved at the trial by the prosecution. 

so by inviting such a person no insult is done to the National Flag or the Constitution

 

Yusuf Rampurawala
Advocate, Mumbai
7658 Answers
79 Consultations

Only on charge sheet the accused can’t be held guilty it’s only after conviction. Our constitution says a person I move unless proven guilty 

Prashant Nayak
Advocate, Mumbai
32359 Answers
199 Consultations

- As per Criminal Law, the purpose of a charge-sheet is to notify a person of criminal charges being issued against him .

- Further, after the charge-sheet is filed, the person against whom the charge-sheet has been filed comes to know that he is made accused in the case , and he has to face trial of the case . 

1. Hence, no offence committed by the panchayat president to invite the charge sheeted person 

2. It not also insult our national flag . Mostly politician having many criminal cases against him , and we prefer to invite him , and hence to honor an ex-army man is not an insult due to his involvement in criminal cases. 

- The collector cannot suspend the president only on the ground of invitation to a person who has criminal cases against him , and not convicted for the offence till the day of invitation. 

3. You can issue a show cause notice to the said  president for inviting an accused on the day of independence  celebration. 

Mohammed Shahzad
Advocate, Delhi
14401 Answers
221 Consultations

Dear Client,

Since only a charge sheet has been submitted and no conviction or sentence is currently underway, there exists no unlawful or legally questionable aspect preventing his involvement in the Independence Day celebrations. Moreover, being both an Indian citizen and a former member of the Indian army, the Panchayat president's decision to recognize the ex-serviceman during the Independence Day celebrations is not in violation of any laws.

Anik Miu
Advocate, Bangalore
10079 Answers
119 Consultations

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