Punjab and Haryana High Court
Terrorism In Punjab Was At Its Peak In 1980s, Dispensing Enquiry Against Cop With Alleged Ties To Militants Was Fair Since No Witnesses Would Come Forward: HC
The Punjab & Haryana High Court has held that it was just and fair to dismiss a constable allegedly having links with militants in 1988, without conducting an enquiry because terrorism was at its peak in Punjab at that time and no witnesses would have come forward.The Court set aside the order of a Trial Court whereby it set aside the order of the Police Authorities to dismiss a...
Birth Certificate Prepared After Registration Of FIR To Prove Juvenility Of Accused Valid If Not Proved To Be Fabricated: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that a birth certificate prepared to prove juvenility after the registration of FIR is valid if the same is not proven to be fabricated.The Court set aside the order of the Trial Court, wherein it observed that since the birth certificate was issued after registration of the FIR, it will fall under the purview of relevant conduct as...
Jail Staff Shares 'Vicarious Inculpability' With Prisoners In Unauthorised Possession Of Mobile Phones: Punjab & Haryana High Court
The Punjab & Haryana High Court said that jail staff share "vicarious inculpability" with prisoners found in unauthorised possession of mobile phones in prison.A five-judge bench of Justice Sureshwar Thakur, Justice Deepak Sibal, Justice Anupinder Singh Grewal, Justice Meenakshi I. Mehta and Justice Rajesh Bhardwaj said, "...only with the active complicity of the jail staff, the...
No Requirement Of Educational Qualification To Contest Polls As MP, MLA: Punjab & Haryana HC Reflects On Dr Rajendra Prasad's "Regret"
The Punjab and Haryana High Court observed that although 75 years have passed since the adoption of the constitution, to date, the "regret" of India's first President Dr Rajendra Prasad in not mandating a minimum qualification to become Members of the Legislative Assemblies (MLA) or Members of Parliament (MP) or a cabinet minister has not been addressed.Justice Mahabir Singh Sindhu referred to...
Prisoners Not Disentitled To Parole For Merely Possessing Phones In Prison, State Should Provide Calling Facility In Jails: Punjab & Haryana HC
The Punjab & Haryana High Court held that merely finding mobile phones in possession of prisoners would not be sufficient without cogent evidence to deny parole and the same is "extremely harsh and oppressive."The larger bench opined that denying parole on "mere possession" of the mobile phones will be violation of fair trial as the accused is presumed innocent until proven...
Jurisdiction To Decide Guardianship Of Hindu Child Below 5 Yrs Lies Where Child Actually Resides, Not Where Mother Resides: Punjab & Haryana HC
The Punjab and Haryana High Court has made it clear that application seeking guardianship of a minor, particularly one aged below 5 years of age, will lie to the district where the child actually and physically resides.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said merely because as per Section 6(a) of the Hindu Minority and Guardianship Act, 1956 custody of a minor who...
Bar On Anticipatory Bail U/S 482 BNSS In Certain Rape Cases Involving Minors Not Absolute: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that bar on grant of anticipatory bail plea under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in certain cases of rape involving minors is not absolute.Section 482 BNSS bars grant of bail to a person booked under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). Section 65 BNS relates to rape of women under age...
'Possibility That More Victims Fallen Prey': P&H HC Declines To Quash FIR Against Man Accused Of Duping ₹6 Lakhs On Pretext Of Providing Job
Observing that, "there is a possibility that more victims have fallen prey", the Punjab & Haryana High Court has refused to quash an FIR lodged for allegedly defrauding a man by taking Rs. 6.45 lakhs on the pretext of proving employment in a company.Justice N.S. Shekhawat said, "Even, no doubt the parties have entered into a compromise in the present case, however, from the...
Faridabad Complex (Regulation & Development) Act Required President's Assent Which It Did Not Receive: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that the Faridabad Complex (Regulation and Development) Act (the Act), did not receive prior assent of the President before introducing the Bill in the State Legislature, as required under Article 304 (b) proviso.According to Article 304 (b) proviso, the States may impose reasonable restrictions on the freedom of trade, commerce or...
'May Lead To Epidemic': High Court Takes Suo Moto Cognizance Of Alleged Mixture Of Sewage With Drinking Water In Chandigarh EWS Colonies
Observing that the situation may "lead to an epidemic", the Punjab & Haryana High Court has taken suo moto cognizance of alleged mixture of sewage with drinking water supply at economically weaker section (EWS) colonies in Chandigarh.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "It appears that nobody is taking up responsibility of solving the emergent situation, which may...
News Of Ostracization Of Migrants By Gram Panchayat In Punjab Village Is False, Committee Formed Should Ensure No Such Incident Takes Place: HC
The Punjab & Haryana High Court has made it clear that the news "with regard to ostracization of migrants by way of a resolution passed by the Gram Panchayat is false," however the committee constituted must ensure that no such incident takes place.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "...the Committee of five members, so constituted by the Sub Divisional...
File Could Not Travel From Ludhiana To Samrala For 49-Yrs, Average Speed Slower Than A Sloth: P&H HC Quashes Case Adjourned By Trial Court In 1977
The Punjab & Haryana High Court has quashed the 49-year-old extortion case, observing that the trial was adjourned in 1977 awaiting file which was travelling at "one-sixth of the adorable sloth's speed" and never reached the Court.The State could not produce the complete records of the case and only submitted that the man was neither acquitted nor discharged and the trial which initiated...