Punjab & Haryana High Court Weekly Round-Up [October 16 To October 22, 2023]

Nominal Index

 X v. State of Haryana & Ors. 2023 LiveLaw (PH) 197

Kuldeep Singh @ Sonu v. State of Punjab 2023 LiveLaw (PH) 198

Nisha rani v. State of Punjab and others 2023 LiveLaw (PH) 199

Gursharan Singh v. State of Punjab and others 2023 LiveLaw (PH) 200

Rajesh Kumar Sharma and others v. State of Punjab and others 2023 LiveLaw (PH) 201

Jyotsana Rawat and others v. State of Punjab and others 2023 LiveLaw (PH) 202

X v. State of Punjab 2023 LiveLaw (PH) 203

Raj Jit Singh Hundal v. State of Punjab & others 2023 LiveLaw (PH) 204

Ashish Kapoor v. State of Punjab  2023 LiveLaw (PH) 205

 X v. State of Punjab & Ors. 2023 LiveLaw (PH) 206

Reports

Married Individuals Entering Live-In Relationship Can't Be Denied Protection, Right To Life Sacrosanct: Punjab & Haryana HC Issues Guidelines To Police

Title: X v. State of Haryana & Ors.

Citation: 2023 LiveLaw (PH) 197

The Punjab & Haryana High Court has made it clear that married individuals entering into live-in relationship cannot be denied protection, irrespective of the Police's view about morality of such relationships.

Justice Arun Monga observed that right to human life is to be treated on highest pedestal and cannot be taken away, except in accordance with law, irrespective of the nature of the relationship.

Accused In NDPS Case Claims Police Planted Contraband On Him For Declining Extortion Demands: Punjab & Haryana High Court Orders SIT Probe

Title: Kuldeep Singh @ Sonu v. State of Punjab

Citation: 2023 LiveLaw (PH) 198

Observing that "the individuals responsible for upholding the law and safeguarding citizens' rights have themselves transformed into aggressors and transgressors through the blatant misuse of police powers", the Punjab & Haryana High Court has directed to constitute Special Investigating Team (SIT) to probe alleged police misconduct in a NDPS case.

It was alleged that the Police had falsely implicated the accused in NDPS case by planting the contraband when he refused to extortion demand of the police officials, "who picked him up from his work place in the morning of the fateful day."

In A First, Punjab & Haryana High Court Suggests State To Use Artificial Intelligence To Identify 'Similar Cases' Which Are Already Settled By It

Title: Nisha rani v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 199

Observing that "litigation is unnecessarily coming up" despite the settled law, in a first the Punjab & Haryana High Court has suggested the state government to take benefit of artificial intelligence to search the similar matters pending so that they can be identified and disposed of soon.

Justice Sanjeev Prakash Sharma said, "this Court finds that in several cases, litigation is unnecessarily coming up before this Court in spite of settled law. The State Government is directed to examine all the cases which are pending before this Court in relation to the aforesaid issue and take steps for disposal of such cases."

Not Adjusting Covid-19 Parole Period Towards Sentence May Risk Prisoners' Constitutional Rights: Punjab & Haryana HC Asks Govt To Frame Guidelines

Title: Gursharan Singh v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 200

Observing that "individual released on involuntary parole during the pandemic could face a risk of violation of constitutional rights if required to return to prison without adjusting their sentences," the Punjab & Haryana High Court has directed the Punjab government to take a "considered decision" on whether the parole granted to prisoners during COVID-19 would be counted towards the sentence served by them.

Justice Arun Monga said, "...it would be in the fitness of things to direct the respondents to take a considered decision and pass appropriate orders as to how the period of temporary release of the petitioner and other similarly placed large number of prisoners during and owing to the Covid-19 pandemic is to be treated specifying whether or not the same would count, and if yes, to what extent, towards the total period of their sentence."

"Tailor-Made Wards To Ensure Success Of Few In Elections": High Court Declares 'Illegal' Delimitation Of 2 Municipal Councils, 1 Municipal Corp In Punjab

Title: Rajesh Kumar Sharma and others v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 201

The Punjab and Haryana High Court on Tuesday declared the entire delimitation exercise in Municipal Councils of Dera Baba Nanak, Dharamkot, and Municipal Corporation Phagwara, conducted since its inception, to be "illegal".

The Court held that delimitation was done on irrelevant considerations and a glaring breach of Rules 3 to 8 of the Delimitation of Wards of Municipalities Rules, 1972.

The delimitation exercise was done on the ground that numbers of voters have passed away and many have attained the majority, hence deletion and addition in the electoral roll is required. Rejecting these grounds the Court said, "...delimitation process for re-adjustment of wards cannot be done on these grounds, as the preparation and revision of electoral rolls on account of death or attaining the age of 18 years is a continuous process and it has no nexus to a particular election."

Certificate Issued By Bar Association Sufficient To Prove Experience For Practising Advocates, Further Proof Not Required: Punjab & Haryana High Court

Case Title: Jyotsana Rawat and others v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 202

The Punjab & Haryana High Court has held that a certificate issued by the Bar Association of the concerned Court would have the same force as that of a certificate from any other judicial or quasi-judicial authority and would qualify as proof of one's experience.

Justice Sanjeev Prakash Sharma added that an advocate who is enrolled with the Bar Council starts actually practice and a certificate of such nature can be given to him by the concerned Bar Association, Court or judicial or quasi-judicial forums where he is practising.

Mama Expected To Protect Like Double 'Ma': Punjab & Haryana High Court Upholds Conviction For Sexually Assaulting 6-Yr-Old Nephew

Title: X v. State of Punjab

Citation: 2023 LiveLaw (PH) 203

The Punjab and Haryana High Court has upheld the conviction of a man for committing aggravated penetrative sexual assault on his own 6-year old nephew in 2017. It also upheld sentence of cumulative 10 years imprisonment under Section 6 of POCSO Act and Section 377 of IPC.

While noting that the offence was committed in 2017, prior to enhancement of punishment under POCSO Act, Justice Deepak Gupta said, "Having regard to the increasing number of crimes of this nature and also having regard to the close relationship between victim and the accused, the sentence of 10 years rigorous imprisonment imposed by the ld. trial Court, cannot be considered to be excessive in any manner whatsoever. Being mama (maternal uncle) of the victim child, the accused was required to protect him like double ‘ma’ being a mama (maternal uncle). Instead of doing so, the accused proved to be demon for him. No leniency is called for such a person."

Disproportionate Assets Indicate Drug Trafficking At Instance Of Corrupt Punjab Police, High Court Refuses Pre-Arrest Bail To Dismissed AIG Raj Hundal

Citation: 2023 LiveLaw (PH) 204

Title: Raj Jit Singh Hundal v. State of Punjab & others

Observing that being a police officer, he was supposed to be extremely upright, primarily when dealing with sensitive matters, including drugs, the Punjab and Haryana High Court today dismissed the anticipatory bail plea of former AIG Raj Jit Hundal in a disproportionate assets case.

A SIT constituted by the state, in pursuance of suo moto cognizance taken by the Court in 2013 on drug menace in Punjab, had found the involvement of Hundal in drugs trafficking.

'Orchestrated Attempt To Keep Him In Custody', High Court Grants Bail To Former Punjab AIG Ashish Kapoor In Custodial Violence Case

Title: Ashish Kapoor v. State of Punjab

Citation: 2023 LiveLaw (PH) 205

The Punjab & Haryana High Court has granted bail to former Punjab AIG Ashish Kapoor in 2018 Custodial Violence case. Kapoor was book for voluntarily causing hurt for extortion, criminal conspiracy and criminal intimidation.

It was alleged that Kapoor had torture and beaten a woman and her brother under police remand to force confession regarding property matters.

Perusing the cancellation report of another FIR on custodial rape and extortion, Justice Arun Monga said,

"Perusal of the above reflects that conduct of the complainant herself appears to be highly dubious. There appears to be an orchestrated attempt on the part complainant in collusion with certain officials, be it out of vengeance or otherwise, to keep filing one FIR or after other to somehow keep the petitioner in custody. Be that as it may, all these issues are matter of trial at this stage."

Apprehending Wife In Illicit Relationship May Falsely Implicate Husband, Punjab & Haryana HC Orders Thorough Investigation Into Prospective FIRs

Title: X v. State of Punjab & Ors.

Citation: 2023 LiveLaw (PH) 206

The Punjab and Haryana High Court as an “abundant caution” has directed thorough investigation of any complaint or FIR that the wife in “illicit relationship” files against her husband, so that he is not dragged into frivolous litigation.

Observing that the protection petition filed by the wife and her partner is without any merit and “abuse of process of law”, Justice Alok Jain said,

“The petitioner No.1 being a woman has ample rights in the matrimonial home but apparently, in the present case, it seems that the petitioners have been caught in their illicit relationship and dismissal of this petition may lead to lodging of various litigations against the husband by petitioner No.1, who is apparently not even aware of the deeds of the wife.”

Other Developments

Punjab & Haryana High Court Directs Police To Consider Protection Plea Moved By Same Sex Live-In Couple

Case Title: X v. State of Punjab & Ors.

The Punjab & Haryana High Court had directed the Senior Superintendent of Police to look into and pass appropriate orders on representation filed for police protection by a same-sex live in couple.

Justice Jasjit Singh Bedi said, "At this stage, without expressing any opinion on the merits of the case, as well as on the age and nature of the relationship between the petitioners, I deem it appropriate to direct respondent No. 2-Senior Superintendent of Police, District Barnala to look into the matter and pass an appropriate order on the representation allegedly filed by the petitioners before him on 07.08.2023."

Magistrate Orders Accused To Furnish Bail Bond "In 45 Mins", Punjab & Haryana HC Directs All Judicial Officers To Undergo Program On Fundamental Rights

Title: Mohammad Javed Ali v. State of U.T.Chandigarh

The Punjab & Haryana High Court has directed its Registrar General to arrange orientation course on Fundamental Rights for all the judicial officers of District Courts across Punjab, Haryana and Chandigarh.

The development came after a Magistrate had ordered to furnish the bail bond allegedly within 45 minutes after passing of the default bail order. The applicant failed to comply and the Court cancelled the bail. The order was challenged before the Revisional Court and it also concurred with the decision of the Magistrate.

How Many Cases Under NDPS Act Pending For Two Or More Yrs After Framing Of Charges? High Court Asks Punjab Govt

Expressing concern over the lackadaisical approach of the Punjab government in dealing with drug menace, the High Court has directed the State to provide information on the number of NDPS cases pending before the trial court despite framing of charges two years ago or more.

Justice Manjari Nehru Kaul said, "give details about how many cases are pending trial in NDPS Act since 2 years or more, after the framing of charges where evidence has not commenced." The Court further added that if the case is pending after the framing of charges and evidence has not yet commenced that will show the cases are pending because police officials are not appearing.

Supreme Court Collegium Recommends Appointment Of Five Advocates As Punjab & Haryana High Court Judges

The Supreme Court collegium has recommended the names of five advocates for appointment as Judges of the Punjab and Haryana High Court. The names of the five advocates are Harmeet Singh Grewal, Deepinder Singh Nalwa, Sumeet Goel, Sudeepti Sharma and Kirti Singh.

In its resolution passed today, the Collegium said, "On 21 April 2023, the Chief Justice of the High Court of Punjab and Haryana in consultation with his two senior-most colleagues recommended the elevation of the above Advocates as Judges of that High Court. The Chief Ministers and the Governors for the States of Punjab and Haryana have concurred with the recommendation."

Disproportionate Assets: Former Punjab Police AIG Ashish Kapoor Gets Bail But To Remain In Jail For FIR On Custodial Violence

Case Title: Ashish Kapoor v. State of Punjab

The Punjab and Haryana High Court has granted bail to former Punjab Police AIG Ashish Kapoor in a disproportionate assets case launched against him this year. Court also confirmed the interim anticipatory bail granted to Kapoor's wife. Nevertheless, Kapoor will remain in jail because a case over alleged custodial violence is still pending against him.

The Court had granted interim bail to Kapoor last month. Justice Anoop Chitkara said, "petition is allowed and interim order dated 26.09.2023, is made absolute."

“Routine To Furnish Wrong Information In Court”, Punjab & Haryana High Court Directs Departmental Enquiry Against DSP

Title: Tarif Vs. State of Haryana

The Punjab and Haryana High Court has directed to initiate departmental enquiry against Deputy Superintendent of Police of Haryana's Tauru for furnishing wrong facts in a status report filed before the Court.

Observing that it has become routine to furnish false information, Justice Deepak Gupta directed the DGP, Haryana to “proceed departmentally against Shri Mukesh Kumar, Deputy Superintendent of Police, Tauru for filing false affidavit before this Court, under intimation to this Court.”

'Non-Compliance' With AFT Order On Pension | Punjab & Haryana HC Issues Contempt Notice To Sr. Defence Ministry Official

The Punjab & Haryana High Court has issued a contempt notice to Alka Sharma, principal integrated financial adviser at the Ministry of Defence (MoD) and Major General Ashok Singh, for allegedly not complying with the order of the Armed Forces Tribunal (AFT) Chandigarh to give penal amount to a retired Naib Subedar.

Justice Arvind Singh Sangwan issued the notice stating that ASG accepted the notice and seeks some time to file reply.

According to the plea, the principal amount was disbursed as per the AFT Chandigarh Bench order to the petitioner but the penal interest was not paid. Thereafter, in a suo moto action, AFT issued bailable warrant against Major General Ashok Singh and Alka Sharma principal integrated financial advisor.