Punjab & Haryana High Court Weekly Round Up: September 04 - September 10, 2023

Nominal Index

Lalit Kumar v. State & ors 2023 LiveLaw (PH) 162

Sukhraj Singh v. State of Punjab & Or2023 LiveLaw (PH) 163

Sumit Kumar v. State of Punjab 2023 LiveLaw (PH) 164

Sunna & Ors. v. Union of India 2023 LiveLaw (PH) 165

Amarnath Ram v. Union of India and others 2023 LiveLaw (PH)166

Judgments

7 Yrs After His Death, Punjab & Haryana High Court Orders 'Deemed Reinstatement' Of Police Constable Dismissed From Service Over False FIR

Case Title: Lalit Kumar v. State & ors.

Citation: 2023 LiveLaw (PH) 162

Observing that he was ‘falsely implicated', the Punjab & Haryana High Court has ordered 'deemed reinstatement' of a Police constable with full back wages and other consequential benefits, seven years after his death.

All Rivers, Natural Springs Are Common Heritage Of Mankind, State Govt Not Obligated To Acquire Them: Punjab & Haryana High Court

Case Title: Sukhraj Singh v. State of Punjab & Ors.

Citation: 2023 LiveLaw (PH) 163

The Punjab & Haryana High Court has observed that all rivers, natural choe (water channel) are common to all therefore, are a common heritage of mankind and State being a trustee, it cannot be claimed by any private person and the State Government has no obligation to acquire them.

Punjab & Haryana High Court Grants Bail To Man Accused Of Having Links With Pakistan Intelligence, Creating Communal Tension In Punjab

Case Title: Sumit Kumar v. State of Punjab

Citation: 2023 LiveLaw (PH) 164

The Punjab & Haryana High Court has granted bail to a man accused of having links with agents of Inter-Services Intelligence of Pakistan, who was allegedly targeting people for ransom in Punjab for creating communal tension.

Man Falls From Running Train Due To Sudden Jerk, Dies: Punjab & Haryana High Court Awards 4L Compensation To Bereaved Family

Case Title: Sunna & Ors. v. Union of India

Citation: 2023 LiveLaw (PH) 165

The Punjab & Haryana High Court awarded Rs. 4 Lakh compensation to the family of a man who died after falling from train due to a sudden jerk.

Rejecting the contention that the family failed to prove that deceased was "bona fide passenger", the bench of Justice Karamjit Singh said,

"it is evident that deceased sustained ante-mortem injuries in a railway accident, as a result of which he died. Thus making it ample clear that untoward incident took place while the deceased was traveling in a train on 13.11.2012, as a result of which the deceased fell from running train in the area between Ambala Cantt. and Dukheri and died at the spot after being crushed under the train."

BSF Unjustified To Terminate Employee Who Couldn't Complete Basic Training Due To Curable Disease Contracted After Joining: Punjab & Haryana HC

Case Title: Amarnath Ram v. Union of India and others

Citation: 2023 LiveLaw (PH) 166

Directing to "symphathetically reconsider" the case of a BSF constable who was struck off from service for not being able to complete basic training because he was declared 'unfit', the Punjab & Haryana High Court said that it is highly unjustified to weed out an employee on the ground that he cannot complete basic training because of a curable disease which he has suffered post joining of services.

Other Developments

"Serious Issue": High Court Objects To Haryana Police Mentioning A Person's Religion In FIR

Calling it a "serious issue", the Punjab & Haryana High Court has objected to mentioning of a person's religion in the First Information Report (FIR) by the Haryana Police.

The bench of Justice Jasgurpreet Singh Puri recalled that a similar issue had arisen last year in Punjab and subsequently, the Assistant Inspector General of Police and Punjab DGP had filed affidavits that henceforth the religion of a person will not be mentioned in the FIRs.

Illegal Mining: Punjab & Haryana High Court Criticises Police For Charging Only 'Poor Persons', Shielding 'Real Culprits'

Case Title: Aajamdeen v. State of Punjab

The Punjab and Haryana High Court has taken a stern view against the officers of Punjab Police for charging only 'poor persons' like drivers in a case of illegal mining and coal transportation, while shielding the 'real culprits' at whose behest such activities were being carried out. The case pertains to illegal mining in Rupnagar, Punjab.

Traffic 'Not Normal': Punjab & Haryana HC Disagrees With State After Part Clearance Of Blockade By Protestors Seeking Release Of Sikh Prisoners In Mohali

Case Title: Arrive Safe Society v. State Of Punjab & Ors.

The Punjab & Haryana High Court on Monday remarked that even though Punjab government claims that there is smooth flow of traffic with clearance of blockade on one side of road adjoining YPS Chowk by protestors seeking release of Sikh prisoners, it cannot be said that the traffic is "normal".

Bench of Justices GS Sandhawalia and Alok Jain expressed hope that there will be further progress in the matter and concerned authorities will take apposite steps.

Female Lawyer Moves Punjab & Haryana High Court Saying She's Facing Death Threats For Taking Up "Controversial Cases" Involving Farmers' Lands

The Punjab & Haryana High Court today issued notice to the Punjab government on a female advocate's plea seeking police protection in light of alleged death threats she received from some unknown persons after she took up "some controversial cases".

Punjab Zila Parishad Elections Date Challenged In High Court Alleging It’s Taking Place 11 Months Prior To Term

Case Title: Narinder Singh v. State of Puniab & others

A plea has been filed before the Punjab & Haryana High Court challenging the date of elections to Zila Parishad announced by the Punjab Government, stating that it is taking place 11 months before the completion of its 5 year term.