Ensure Victim Is Intimated Progress Of Investigation In Compliance With BNSS Provision: Punjab & Haryana High Court To DGPs

The Punjab and Haryana High Court has issued directions to Director Generals of Police for the States of Punjab and Haryana as well as Union Territory of Chandigarh to issue necessary instructions for scrupulous compliance of Section 193(3) of BNSS (erstwhile Section 173(3) of Cr.P.C.) by the Investigating Officers.Justice Harpreet Singh Brar said, "Section 193(3) of BNSS is an evolved version...

State Election Commission Cannot Cancel Pending Election, Any Irregularity Can Be Decided Only By Tribunal: Punjab & Haryana High Court

The Punjab & Haryana High Court has said the State Election Commission cannot cancel pending elections and any irregularities alleged during the progress of the election process can be adjudicated only by the Tribunal.The observation was made while quashing the order passed by Punjab Election Commission to cancel Panchayat Election for village Chak Haraj of Punjab's Ferozepur...

High Court Issues Notice On Plea Seeking CBI Probe Into Death Of Protestor Allegedly Shot By Haryana Police During Farmers' Protest

The Punjab and Haryana High Court last week sought the stand of the Haryana and Punjab Governments in a plea seeking a CBI probe into the death of a protestor who was allegedly shot by Haryana Police during Farmers' Protest at the Khanauri border.The deceased Shubhkaran Singh lost his life on February 21 while protesting, inter-alia, for the demand of a law guaranteeing Minimum Support...

Punjab & Haryana HC Seeks Data On Challans Issued To Females Riding Two-Wheeler Without Helmet Including Sikh Women Not Wearing Turban

The Punjab and Haryana High Court has sought data from Governments of Punjab, Haryana and U.T., Chandigarh about the number of challans issued to females driving or pillion-riding two-wheeler vehicles without head-gear.The development came while hearing a suo moto plea initiated in 2017 on increasing road fatalities involving two-wheeler women riders without helmet, especially Sikh women...

Punjab & Haryana High Court Closes Contempt Case Against 274 Followers Of Self-Styled Godman Rampal For Criticising Judge

The Punjab & Haryana High Court has accepted unconditional apology of over 274 followers of self-styled godman Sant Rampal in a suo motu proceeding initiated in 2019.In 2019, a letter along with a book titled 'Black Spot on Judiciary, Judge D.R. Chalia' was sent to a High Court judge, with the note that it is published by Rampal's follower and the same was signed by 274 people.Court...

Punjab & Haryana HC Dismisses Army's Plea Seeking Restriction Of Disability Benefits To Three Years For Disabled Soldier Discharged In 2001

The Punjab & Haryana High Court has dismissed a petition filed by the Union of India seeking restriction of arrears of "broad-banding" of disability pension to a period of three years rather than from date of discharge of a disabled soldier in 2001.The applicant having disability of 30% is entitled to get the rounding off benefit of disability element of pension at 50% as per the...

Whether Pension Can Be Attached In Execution Of Maintenance Order Granted To Wife? Punjab & Haryana High Court Refers To Larger Bench

The Punjab & Haryana High Court has referred the question to larger bench on whether pension of the judgement-debtor in execution proceedings arising from maintenance order can be attached.Justice Harpreet Singh Brar explained that neither the maintenance allowance granted to the wife or minor children can be considered to be a 'debt' nor the wife or minor children can be considered to...

Improper To Say Selection Process Was Vitiated When Paper Wasn't Leaked Or Without Any Deficit In Academic Standard Of Exam: Punjab & Haryana HC

The Punjab & Haryana High Court has upheld the recruitment process for 1,091 assistant professors and 67 librarians in Punjab Government colleges. The Court set aside the order of the Single Judge, whereby the selection process was quashed in 2022.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "It was completely inapt for the learned Single Judge to conclude that the...

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training

The Punjab & Haryana High Court has expressed shock over the conduct of a judge who held the witness guilty for giving false statement because he took a contradictory stand before the police and the Court. Justice Sanjeev Prakash Sharma and Justice Sanjay Vashishth said, "We are extremely pained and shocked by the manner by which the concerned Additional Sessions Judge, Hisar, has...

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates

The Punjab & Haryana High Court has upheld the conviction in rape case of a 6-year-old victim, observing that "even in the absence of injuries on the body of prosecutrix, the benefit of doubt cannot be granted to the accused."Justice Anupinder Singh Grewal and Justice Kirti Singh observed that, "Crimes involving violence against women must be met with severe punitive measures. Courts...

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti Singh while rejecting...

Bigamy | FIR Along With Conviction Can Be Quashed On Basis Of Compromise At Stage Of Appeal/ Revision: Punjab & Haryana High Court

The Punjab and Haryana High Court has set aside a conviction and sentencing order along with the FIR in a bigamy case, on account of compromise entered between the parties.Justice Sumeet Goel said, "Section 528 of BNSS, 2023 reflects peerless powers, which a High Court may draw upon as necessary whenever it is just and equitable to do so, in particular to ensure the observance of the due...