Punjab & Haryana High Court Weekly Round Up [January 1 - January 07, 2024]

Citations: 2024 LiveLaw (PH) 01-08

Nominal Index:

Hartej Singh v. State of Punjab and another 2024 LiveLaw (PH) 01

X v. Y 2024 LiveLaw (PH) 02

Union of India and another v. Harbhajan Kaur and others 2024 LiveLaw (PH) 03

X v. Y 2024 LiveLaw (PH) 04

Bhavna Gupta v. State of Punjab & another  2024 LiveLaw (PH) 05

Sukhpal Singh Khaira v. State of Punjab  2024 LiveLaw (PH) 06

Vipin Pubby v. State of Haryana and another 2024 LiveLaw (PH) 07 

X v. Y  2024 LiveLaw (PH) 08

PMLA | Punjab & Haryana HC Grants Bail To Man Booked For Benefitting "Just Rs. 50K" In Land Allotment, Says No Allegation Of Money Laundering

Case Title: Hartej Singh v. State of Punjab and another

Citation: 2024 LiveLaw (PH) 01

Punjab and Haryana High Court has granted bail to a man accused of benefitting during village land allotment by revenue official observing that "the benefit which the petitioner took was just Rs.50,000 it would be a perversity of justice it this court continues further pre-trial incarceration".

The bench also noted that there is no allegation of money laundering against the Petitioner.

ED opposed bail citing the express bar under section 45 of the Prevention of Money Laundering Act 2002 (PMLA). For context, Section 45 of PMLA prescribes twin conditions before a person can be granted bail. The first condition is that the Public Prosecutor has been allowed to oppose the application. In the present case, not only was proper opportunity given, but they filed a reply, and their counsel was heard.

In the present case, the accused sought directions to summon a UIDAI official to produce Aadhar details of the prosecutrix, aiming to establish that she was not a minor, and hence a case under POCSO is not made out. However, the State argued that Aadhar cannot be used to verify the date of birth as it is based on self-declared information.

[Mutual Divorce] Detailed Enquiry Akin To Trial Not Required To Waive Cooling Off Period Under HMA: Punjab & Haryana High Court

Case Title: X v. Y

Citation: 2024 LiveLaw (PH) 02

The Punjab & Haryana High Court has made it clear that a detailed inquiry is not required to waive the cooling off period while dealing with an application under the Hindu Marriage Act for divorce by mutual settlement.

A division bench of Justice Sudhir Singh and Justice Sumeet Goel said, "The Court while, considering the prayer for waiving off the cooling off periods, ought to be satisfied that there exist requisite grounds to accord such permission and there is no concealment/misrepresentation on behalf of parties. The Court is required to satisfy itself in terms of Section 23 of the Act."

Punjab & Haryana High Court Imposes Cost On Union Govt For Arguing On Issue Already Settled By Supreme Court

Case Title: Union of India and another v. Harbhajan Kaur and others

Citation: 2024 LiveLaw (PH) 03

The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on the Union Government for arguing against the established legal position that additional market value per se is part of the compensation under the Land Acquisition Act.

Justice Rajbir Sehrawat said, "since the petitioners have unnecessarily gone to the extent of contesting on an issue of law which already stands decided by Hon'ble the Supreme Court long ago, therefore, the petitioners deserve to be burdened with an appropriate cost; so as to make them realize their mistake in wasting valuable time of the Court."

Family Court Can Take Any Material As Evidence Whether Or Not It Fulfils Requirement Of Indian Evidence Act: Punjab & Haryana High Court

Title: X v. Y

Citation: 2024 LiveLaw (PH) 04

The Punjab & Haryana High Court has made it clear that a Family Court can take any material into evidence for effective adjudication, whether it fulfils the requirement of Indian Evidence Act or not.

A division bench of Justice Sudhir Singh and Justice Sumeet Goel said,

"A Family Court is well within its powers to take into evidence any material, which in the judicial discretion of such Family Court, may be essential for effectively adjudicating a lis before it whether or not such material fulfills the requirements of Indian Evidence Act, 1872. However, while exercising such discretion, the Family Court ought to bear in mind that receiving of such material by way of evidence does not violate the basic principles of our legal system."

Caste Hurl Case: Punjab & Haryana High Court Quashes FIR Against Times Now Reporter Bhawana Gupta, Says She Didn't Know Complainant's Caste

Title: Bhavna Gupta v. State of Punjab & another

Citation: 2024 LiveLaw (PH) 05

Observing that she "had no personal knowledge of the victim's or her family's caste", the Punjab & Haryana High Court today quashed the FIR lodged for rash driving and passing casteist remarks, against Times Now Navbharat Senior Journalist Bhavna Gupta (Kishore).

In May 2023, Times Now Navbharat reporter Bhawna Gupta along with the cameraman Mritunjay Kumar and driver Parmender were arrested under Sections 279, 337, 427 IPC and Section 3(x) and 4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act, 1989. However, all the accused were granted Bail.

Punjab & Haryana High Court Grants Bail To Congress MLA Sukhpal Singh Khaira In 2015 Drugs Case

Case Title: Sukhpal Singh Khaira v. State of Punjab

Citation: 2024 LiveLaw (PH) 06

The Punjab & Haryana High Court has granted bail to Congress MLA from Punjab's Bholath, Sukhpal Singh Khaira in 2015 International Drugs trade case, observing that he "cannot be said to be prima facie guilty for any allegations".

Khaira was arrested on September 28, 2023 in a case related to massive heroine trade. Eight accused were arrested in the FIR earlier and later Khaira was added in additional prosecution proceeding for having connections with one of the accused.

'Journalist Serve As Independent Monitor Of Power', Punjab & Haryana HC Quashes Summons In Defamation Case Against Indian Express Resident Editor, Others

Title: Vipin Pubby v. State of Haryana and another

Citation: 2024 LiveLaw (PH) 07 

Observing that "journalist serve as independent monitors of power, reporting information for public good and safety," the Punjab & Haryana High Court has quashed summons issued against former editor Vipin Pubby and resident editor Manraj Grewal of Indian Express, in a defamation case.

In 2008, a retired IPS officer Param Vir Rathee had alleged that the newspaper published a defamatory article wherein it was reported that an accused had allegedly confessed before CBI that Rathee had recommended police protection to the accused after taking a bribe from him.

S.14 HMA Applies To Section 13B; Couples Can Seek Relaxation To File For Mutual Divorce Within One Year Of Marriage: Punjab & Haryana HC

Case Title: X v. Y

Citation: 2024 LiveLaw (PH) 08

Invoking Section 14 of the Hindu Marriage Act which bars married couples from seeking divorce before one year of marriage except in exceptional cases, the Punjab & Haryana High Court has allowed a couple, who lived together for only 15 days, to file for divorce by mutual consent under Section 13-B.

The marriage between the parties stated to have been taken place on 27 March, 2023 and they started living separately from 13 March, 2023 due to " different temperamental nature."

Other Development

Assault' On Jail Inmate | 'DIG Prison Didn't Conduct Fair Enquiry', ADGP To P&H HC On Denying Incident By Filing 'False Affidavit'

Case Title: Harinder Pal Singh @ Hinda v. State of Punjab & Anr.

After Punjab & Haryana High Court rapped prison authorities for filing a "prima facie" false affidavit before the Court, wherein it stated that an inmate "was neither beaten nor he suffered any injury" the ADGP (Prison) has recently submitted that the enquiry conducted by DIG prison was "not conducted in a fair and proper manner."

In last proceeding, Justice N.S Shekhawat had noted that during the proceeding when the CCTV footage was played by the counsel for the inmate, "it is apparent that some person was being beaten up by the jail officials inside the jail."

Jail Selfie: Punjab Prison Authority Writes To Cyber Crime Branch To Take Down Photos From Social Media

Case Title: Jagtej Singh vs. State of Punjab

The Additional Director General of Police (ADGP) Punjab Prisons has informed the High Court that a letter has been addressed to ADGP, Cyber Crime to take down the photographs and videos circulating on social media, which after enquiry were found to be clicked from inside various prisons of Punjab.

In the previous proceeding, the Court had directed the ADGP (Prison) to file a detailed affidavit on self-clicked photographs allegedly taken from inside the jail by a murder accused.

Supreme Court Collegium Recommends Appointment Of Advocate As P&H HC Judge; Tells Centre To Give Precedence To Pending Proposals

The Supreme Court Collegium has recommended the name of Advocate Rohit Kapoor for appointment as Judge of the Punjab & Haryana High Court.

In a notification issued on January 04, it was stated that the recommendation for appointment of Advocate Kapoor as Judge of the High Court of Punjab and Haryana was made by the Collegium of the High Court on 21 April 2023.

Punjab & Haryana High Court Asks UIDAI How Two Aadhar Cards With Different Dates Of Birth Issued In Name Of Same Person

Case Title: X v State of Haryana & Ors.

The Punjab and Haryana High Court has asked UDIAI (Unique Identification Authority of India) and other concerned authorities to explain how two Aadhar Cards with different dates of birth have been issued in the name of a woman, allegedly detained by her family which is opposed to her same-sex relationship.

Justice Sandeep Moudgil directed UIDAI, Union Ministry of Electronics and IT and the regional authorities to provide details qua both the Aadhar Cards, including the date of issuance and the supporting material on the basis of which date of birth was recorded.

Punjab & Haryana High Court Orders Probe Into Unrecognised Arya Samaj Mandir Solemnising Marriage

Title: X v. State of Punjab & Ors.

The Punjab & Haryana High Court has directed the Commissionerate of Police at Jalandhar to probe the veracity of marriage performed by a purohit at an Arya Samaj Mandir, which is statedly not registered/ recognised by any Government Authority.

A run away couple seeking protection from the Court claimed that the said mandir had issued to them a marriage certificate and that they were facing threats from the girl's family.