Punjab & Haryana High Court Weekly Round-Up [January 8 - January 14, 2024]

Citations: 2024 LiveLaw (PH) 08-14

Nominal Index:

X v. State of Haryana & another 2024 LiveLaw (PH) 08

X v. Y 2024 LiveLaw (PH) 09

Parmila v. State of Haryana and another 2024 LiveLaw (PH) 10

X v. Y 2024 LiveLaw (PH) 11

Mustak v. State of Haryana and others 2024 LiveLaw (PH)12

 Vikramjeet Singh v. Union of India and others  2024 LiveLaw (PH) 13

 X v. State of Haryana & Ors. 2024 LiveLaw (PH) 14

Reports

Parent Cannot Be Held Guilty Of Kidnapping As Both Parents Are Equal Natural Guardians : Punjab & Haryana High Court

Title: X v. State of Haryana & another

Citation: 2024 LiveLaw (PH) 08

The Punjab & Haryana High Court has made it clear that a parent cannot be held guilty of the offence of kidnapping under Section 361 of IPC as both the parents are "equal natural guardian".

While quashing the complaint case against a mother for allegedly kidnapping her 3 years old daughter, Justice Harpreet Singh Brar said that perusal of Section 361 of IPC along with Section 6 of Hindu Minority and Guardianship Act, 1956 indicates that for an offence of kidnapping to be made out, "it is necessary that the minor child is taken away from the custody of a 'lawful guardian.' However, a mother falls well within the ambit of 'lawful guardian,' especially in absence of an order divesting her of the same passed by a competent Court. This Court is of the view that a parent cannot be held guilty of the offence of kidnapping as both the parents of the child are her equal natural guardians."

Burden Of Proof On Spouse Seeking Divorce On Ground Of Desertion Is One Of Preponderance Of Probability: Punjab & Haryana High Court

Case Title: X v. Y

Citation: 2024 LiveLaw (PH) 09

The Punjab & Haryana High Court has made it clear that burden of proof on spouse seeking divorce on ground of desertion is of "preponderance of probability."

A division bench of Justice Sudhir Singh and Justice Sumeet Goel said, "the burden of proof lies on the spouse seeking divorce but the degree of proof required is of preponderance and not one of being beyond reasonable doubt."

Only Final Merit List Should Be Prepared Category-Wise: Punjab & Haryana High Court Quashes PGT Screening Test Result

Title: Parmila v. State of Haryana and another

Citation: 2024 LiveLaw (PH) 10

Observing that, "social reservations are based on merit, and these are not rigid communal slots," the Punjab & Haryana High Court has made it clear that before drawing the selection list, the meritorious among the reserved category candidates be first considered for selection against open/un-reserved posts.

P&H High Court Denies Habeas Corpus Plea For Custody By Mother Of Minor Who Wanted To Stay With Step-Father's Family, Allows Visitation

Title: X v. Y

Citation: 2024 LiveLaw (PH) 11

The Punjab & Haryana High Court has made it clear that a habeas corpus petition is maintainable for custody of a minor child but along with proving the detention illegal, welfare of the child is also important.

In the case at hand, a mother had filed a habeas corpus plea seeking custody of her minor daughter born from her first marriage, who was allegedly illegally detained by her second husband and his family, having no relation with the child.

'State Investigating Agency Unable To Reach Culprit': Punjab & Haryana High Court Directs CBI To Probe "Brutal" Murder Of 8 Yr Old Boy

Title: Mustak v. State of Haryana and others

Citation: 2024 LiveLaw (PH)12

Observing that, “it has become necessary to provide credibility and instil confidence in the public mind”, the Punjab & Haryana High Court has directed CBI probe to investigate the “gruesome murder” of 8 years old boy, after Haryana police failed to find the culprits.

Passport | Punjab & Haryana High Court Pulls Up State Authorities For Not Sending Police Verification In Prescribed Proforma

Title: Vikramjeet Singh v. Union of India and others

Citation: 2024 LiveLaw (PH) 13

The Punjab & Haryana High Court has pulled up state authorities for not sending the police verification for issuing passport in the prescribed proforma, despite specific directions issued in different cases repeatedly.

In September 2023, observing that police authorities are sending incomplete reports which is the "root cause of denial of passport", the High Court directed police authorities to disclose complete status of FIR in verification done for issuing of the passport.

Shouldn't Abuse Process Of Law: Punjab & Haryana HC Imposes Cost On Married Teacher Seeking Protection Of Live-In Relationship With Student

Case: X v. State of Haryana & Ors.

Citation: 2024 LiveLaw (PH) 14

The Punjab and Haryana High Court has imposed a cost of Rs. 50,000 as a "deterrent" on a married maths teacher seeking protection of his live-in relationship with a 19 year old student.

Justice Alok Jain said, "...a perusal of the petition shows that petitioner No.2 is a married man and a Math's teacher and apparently petitioner No. is a student. Such kind of petitions deserves to be dealt with strictly, although counsel for the petitioner outrightly prays for withdrawal of the present petition, the same is dismissed as withdrawn with cost of Rs.50,000/- on petitioner No.2 as a deterrent that the teacher, who impart education does not abuse the process of law."

Other Developments

High Court Issues Notices To Punjab Govt, Speaker On Opposition Leader's Plea Alleging Biased Telecast Of State Assembly Proceedings

Case Title: Pratap Singh Bajwa v. State of Punjab.

The Punjab and Haryana High Court today issued notice on a plea filed by Punjab's opposition leader Pratap Singh Bajwa, alleging biased telecast of the State Assembly proceedings.

High Court Seeks Response From Haryana Govt, Chandigarh Admin On Plea To Issue Aadhar Cards To Beggars, Provide Basic Amenities

Case Title: Pardeep Sharma v. U.T. Chandigarh and others

The Punjab & Haryana High Court has sought response from the Haryana government and the Chandigarh administration on a plea for issuance of Aadhar Cards and for providing basic amities to beggars in their jurisdictions.

A division bench of Acting Chief Justice Ritu Bahri and Justice Nidhi Gupta directed the counsel appearing for Chandigarh admin as well as Additional Advocate General Haryana, to file their respective replies.

Punjab & Haryana High Court Issues Notice On Plea Challenging Framing Of Sedition Charge For Allegedly Raising 'Pakistan Zindabad' Slogan

Case Title: Irshad @ Saddam v. State of Haryana

The Punjab & Haryana High Court issued notice to the Haryana government on a revision petition filed against a Sessions Court order framing charges against the petitioner under Section 124A IPC (Sedition) over the allegations that he used 'filthy language' against India and raised 'Pakistan Zindabad' slogan.

After the video of the alleged incident went viral, the police registered the FIR under Sections 153A,124A, 504 IPC and arrested accused Irshad, a labourer by profession, for creating "animosity among several groups".

"Inmates Accused Of Serious Offences Calling Victims From Jails," High Court Asks Punjab ADGP To Beef Up Security At Prisons

Title: Court on its own motion v. State of Punjab

The Punjab and Haryana High Court today orally asked the Punjab Prison authority to come up with the shortest possible timeline for installation of security equipments in prisons, to prevent unauthorised use of mobile phones by inmates.

High Court Directs Panjab University To Conduct Interview Of Candidate Who Was Rejected For Asst Professor Post Despite Clearing NET Twice

The Punjab & Haryana High Court, directed Panjab University to allow a candidate to appear in the interview provisionally, scheduled for selection of Assistant Professor for History.

It was stated that the candidate was not called for the interview despite meeting the eligibility criteria and clearing the NET exam twice.

Prisoner Allegedly Called Aide In Pakistan For Drugs But Punjab Govt Remains Inert, Appalling: High Court Seeks Home Secretary's Affidavit

Case Title: Baldev Singh v. State of Punjab

The Punjab & Haryana High Court pulled up the Punjab Government for its lackadaisical approach of not filling a response in a case where a prison inmate was allegedly able to call his associate in Pakistan, for procuring drugs and narcotics.

Justice Pankaj Jain said it is "appalled to notice that despite a serious issue being raised, the Government of Punjab has remained inert and even the affidavit could not be filed."

"Take This Immoral Thing Back": Punjab & Haryana High Court Judge On Habeas Corpus Plea Moved By Woman In Same-Sex Relationship

Case Title: X v State of Haryana & Ors.

Responding to a habeas corpus petition filed by a woman claiming to be in a same-sex relationship, Justice Pankaj Jain of the Punjab and Haryana High Court said that he doesn't believe that morality and constitutionality are different.

He inquired in what capacity the Petitioner could represent the alleged detenu and on being informed that it's a case involving a "queer couple", orally remarked, "Take this immoral thing back to where it came from."