Punjab & Haryana High Court Weekly Round-Up [19th February - 25th February, 2024]

Nominal Index

Narinder Kumar and another v. State of Punjab and others 2024 LiveLaw (PH) 51

Sonia v. State of Haryana and others 2024 Live (PH) 52

Naresh Kumar and another v. The Appellate Tribunal, Maintenance and Welfare of Parents and Senior Citizens Act 2024 LiveLaw (PH) 53

Neetu Sharma v. State of Punjab and others 2024 LiveLaw (PH) 54

Balwinder Singh & another v. State of Punjab 2024 LiveLaw (PH) 55

Kulwinder Singh alias Nona v. State of Punjab 2024 LiveLaw (PH) 56

Banarsi Dass v. State of Haryana anda others 2024 LiveLaw (PH) 57

Rajesh Kaler @ Rajesh Kumar v. State of Punjab 2024 LiveLaw (PH) 58

XXXX v. XXXX 2024 LiveLaw (PH) 59

Rameshwar v. State of Haryana and another 2024 LiveLaw (PH) 60

Reports

Murder | Mere Non-Receipt Of 'Viscera Report' Would Not Render Investigation Incomplete For Granting Default Bail: Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 51

Title: Narinder Kumar and another v. State of Punjab and others.

The Punjab & Haryana High Court has made it clear that in a murder case, mere non-receipt of viscera report will neither render the investigation incomplete nor render the Magistrate unable to take cognizance.

While rejecting the plea challenging refusal of a default bail, Justice Manjari Nehru Kaul said, "Mere non-receipt of the viscera report alone would neither render the investigation incomplete nor render the Magistrate unable to take cognizance; mores when the instant case is based on eye witness account wherein the identity of the deceased is not in dispute and furthermore, the manner in which the injuries were allegedly inflicted upon him also stands detailed in the FIR in question."

Right To Fair Trial Extends To Victim Of Crime As Well: Punjab & Haryana HC Transfers Murder Case To CBI Upon Noting Police's Inaction

Citation: 2024 Live (PH) 52

Title: Sonia v. State of Haryana and others.

The Punjab & Haryana High Court has transferred a murder case registered more than an year ago, to Central Bureau of Investigation (CBI), observing that there was a failure on the part of the jurisdictional police authorities in performing their statutory duty.

Justice Harpreet Singh Brar said, "the petitioner is going pillar to post in hopes of getting justice for the murder of her husband and has registered four complaints regarding fair investigation of the same. This Court is of the opinion that endeavours must be made to provide solace to the relatives of the victim and assure them that the investigation will be conducted fairly...the right to fair trial is not only restricted to the accused. It extends to the victim and the society as well. Nowadays, all the attention is given to the accused to ensure fair investigation resulting in a fair trial while little concern is shown to the victim and the society. The onerous duty to maintain a middle ground to secure fair investigation and trial of the accused without sacrificing the interest of the victim and the society is cast upon the Courts. "

[S. 23(2) Senior Citizens Act] Magistrate Can Evict Occupant From Senior Citizens' Estate To Ensure Well Being: Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 53

Title: Naresh Kumar and another v. The Appellate Tribunal, Maintenance and Welfare of Parents and Senior Citizens Act. 2007 and others

The Punjab & Haryana High Court has made it clear that the Tribunal/Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act) during the enforcement of the right to receive maintenance against the transferee of senior citizen's property, can evict the transferee if it is necessary to ensure the well being of the senior citizen.

A division bench of Justice Deepak Sibal and Justice Deepak Manchanda said, "Section 23(2) (Senior Citizen Act) of covers a situation where a senior citizen has a right to receive maintenance out of an estate. If any right or interest in that estate or part thereof is transferred, the senior citizen would have the right to receive maintenance against the transferee. It the transteree curtails such right, the senior citizen can get his right to receive maintenance enforced against the transferee through the Tribunal. During the course of enforcement of such right, if it is necessary to ensure the senior citizen's well being, the Tribunal would have the power to order eviction of the transferee from the senior citizen's estate or part thereo. The exercise of such power by the Tribunal would be to ensure the senior citizen's maintenance and/or protection."

"Inappropriate": Punjab & Haryana High Court Refrains From Referring To Female Teacher As 'Mistress', Cites SC Directives On Addressing Females

Citation: 2024 LiveLaw (PH) 54

Title: Neetu Sharma v. State of Punjab and others

The Punjab and Haryana High Court recently refrained from referring to a female teacher as "mistress", a terminology which the Punjab Government uses for the position.

Justice Sanjeev Prakash Sharma said, "Petitioner Neetu Sharma has approached this court with a grievance that she had applied for the post of Punjabi Language Mistress (the word mistress is although inappropriate but is a term being used by the State Government and therefore this Court would not delete it. however. would refer to it as Teacher' hereinafter keeping in view the observations of the Supreme Court with regard to use of appropriate terminology while addressing the female gender)."

'Trial Court Swayed By Issue Of Honour Killing, Great Travesty Of Justice': P&H High Court Acquits Father & Uncle Sentenced To Death For Alleged Honour Killing

Citation: 2024 LiveLaw (PH) 55

Balwinder Singh & another v. State of Punjab

Observing that "a great travesty of justice has occurred in recording the conviction of the appellants by the Trial Court" the Punjab & Haryana High Court has acquitted the father and uncle of a girl who were sentenced to death for allegedly committing her "honour killing."

The trial court convicted the father and uncle of the deceased girl and sentenced them to death, for allegedly murdering her because they objected to her for being in a romantic relationship with a boy belonging to another caste and did not agree to their marriage.

'Court Duty Will Be Priority': P&H High Court Issues Directions To Ensure NDPS Trials Are Not Delayed Due To Non-Appearance Of Police Witnesses

Citation: 2024 LiveLaw (PH) 56

Title: Kulwinder Singh alias Nona v. State of Punjab

The Punjab and Haryana High Court has issued a set of directions to ensure that trials under the Narcotic Drugs and Psychotropic Substances Act are no delayed due to non-appearance of Police/ official witnesses.

Earlier also the Court had expressed dismay over police officials not appearing as witness in NDPS Act. Justice Maniri Nahru Kaul had observed that such non-appearance often led to prolonged trials.

Punjab & Haryana Court Pulls Up State Federation For Compelling Employee To Withdraw Litigation, Forgo Interest For Release Of Retiral Benefits

Citation: 2024 LiveLaw (PH) 57

Title: Banarsi Dass v. State of Haryana anda others

The Punjab and Haryana High Court has made it clear that compelling employees to furnish undertaking on affidavit that they will withdraw the cases from the Court "has got no significance in law" and against the the spirit of the basic scheme of the Constitution of India.

Justice Jasgurpreet Singh Puri said, "Such kind of affidavits have no force of law and they are non-est and cannot be enforced. Such practice of seeking affidavits from the employees for giving the retiral benefits is highly deprecated. It is against the spirit of the basic scheme of the Constitution of India."

Revenue Authorities Refrain From Updating Circle Rates To Facilitate Adjustment Of Black Money In Property Transactions: Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 58

Title: Rajesh Kaler @ Rajesh Kumar v. State of Punjab

Observing that revenue authorities refrain from updating circle rates to facilitate adjustment of black money in property transactions, the Punjab & Haryana High Court rejected the anticipatory bail plea of a Patwari who was accused of showing inflated rates to help the land owners get higher compensation from Competent Authority for Land Acquisition (CALA).

Justice Anoop Chitkara said, "A patwari, Kanungo, and Tehsildar are the key revenue officials at the grassroots level and plays a vital role in the revenue administration at the base level. The allegations of such major leakages in the system at the base level are a matter of grave concern and the concerned Government must deal with the corrupt ones with a firm hand because if the termite of corruption allowed to fest, at this rate, it would slowly but surely bleed state exchequer dry and make our foundations hollow."

S.311 CrPC | Successive Pleas To Summon Same Witness Not Barred But Should Be Dealt With Higher Degree Of Circumspect: Punjab & Haryana HC

Citation: 2024 LiveLaw (PH) 59

Title: XXXX v. XXXX

The Punjab and Haryana High Court has made it clear that a criminal court is well within its judicial discretion under Section 311 of CrPC to summon any person as a witness at any stage of proceedings till such Court is seized of the matter.

For context, Section 311 of CrC empowers Court to summon material witness, or examine person present at any stage of any inquiry, trial or other proceeding.

Justice Sumeet Goel said that under Section 311 "successive application(s) for summoning same witness for examination/re-examination is not debarred but such a plea deserves to be dealt with exercising a higher degree of circumspection."

'Outrageously Unfair': Punjab & Haryana HC Sets Aside Sentence Imposed On 75-Yr Old For Violating Probation Conditions, Imposes ₹50 Fine Instead

Citation: 2024 LiveLaw (PH) 60

Title: Rameshwar v. State of Haryana and another

Observing that "the idea of just justice can only be realised through compassion," the Punjab & Haryana High Court said that it was "outrageously unfair" to send an elderly man, of 75 years age, to undergo three-year custody by sentencing him for the original offence for violating the probation conditions.

Instead, the High Court applied Section 9 of the Probation of Offenders Act and imposed a fine of Rs.50.

Other Developments 

Tractor-Trolleys Not Allowed On Highways, Right To Protest Subject To Reasonable Restrictions: Punjab & Haryana High Court On Farmers Protest

Title: Uday Pratap Singh v. State of Punjab & Ors.

The Punjab and Haryana High Court today orally remarked that the farmers have right to protest but it is subject to reasonable restrictions.

The farmers are protesting in demand of a law guaranteeing MS, among other things. A division bench of Acting Chief Justice (ACJ GS Sandhawalia and Justice Lapita Banerji was hearing the plea challenging the alleged obstructive actions of the government and another plea seeking immediate action against the protest.

P&H High Court Issues Notice On Father's Plea Alleging That Haryana Police Illegally Detained His Son During Farmers Protest

The Punjab & Haryana High Court issued notice to the states of Punjab and Haryana on a habeas corpus petition which alleged that a man was illegally detained by the Haryana Police during the farmers' protest on February 21.

The plea was filed by the father of the alleged detenue, who was stated to be a resident of Punjab and was part of "peaceful farmers agitation". It was alleged that the detenue was stopped at Khanauri Border due to barricades put by the Haryana Government.

Farmers Protest | P&H High Court Refuses To Hear Today Plea Of Centre & Haryana Against Farmers' Movement In Tractors, Modified Vehicles

Title: Uday Pratap Singh v. State of Punjab & Ors.

The Punjab & Haryana High Court, refused urgent hearing of plea seeking directions to prevent farmers from moving ahead with modified vehicles, tractors and trolleys.

The matter was mentioned before the bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji by Additional Solicitor General Satya Pal Jain, appearing for the Central Government and Advocate General Baldev Raj Mahajan, appearing for Haryana government, to hear the application today. The protesters are planning to enter Delhi today.

Farmers Protest: Journalist Claims He Sustained Head Injuries From Tear Gas Shell Fired By Haryana Police In Punjab, Moves High Court

Title: Neil Bhalinder Singh v. UOI & Ors.

A journalist has moved the Punjab and Haryana High Court seeking registration of FIR against the officials of Haryana Police who allegedly struck tear gas shell that landed on his head while he was covering farmers' protest within Punjab government's jurisdiction.

Neil Bhalinder, a journalist from Punjab Sawera stated that on February 13, while he was covering the farmers' protest sustained "severe head injuries as a result of being struck by a tear gas shell fired by the Harvana Police in jurisdiction of Puniab."

Farmers Protest: Lawyer Moves High Court Seeking Judicial Probe Into Punjab Youth's Death Allegedly On Account Of Violence By Haryana Police

Title: Uday Pratap Singh v. UOI & ors.

An application has been moved by a lawyer in the Punjab and Haryana High Court seeking judicial enquiry into death of a 22-year-old youth allegedly by violent means resorted to by the Haryana police/para military during farmers' protest at Khanauri border yesterday.

Advocate Harinder Pal Singh has moved an intervention application in the petition challenging "obstructive actions" of the government to curb the protest in demand of a law guaranteeing MSP.

Farmers Protest: PIL Filed In Punjab & Haryana High Court To Restrain Farmers From Marching To Delhi

Another PIL has been filed in the Punjab and Haryana High Court in relation to the ongoing farmers protest, seeking to restrain the protesting farmers from moving ahead to New Delhi.

A Panchkula based lawyer has filed the plea claiming that "Delhi Chalo" march by the farmers of Punjab is posing "grave danger to the life and liberty of common citizens in general, police personnel on duty and the farmers/agitators themselves who are part of the agitation."

Punjab & Haryana High Court Bar Association To Abstain From Work Tomorrow To Protest Youth's Death During Farmers' Protest

The Punjab & Haryana High Court Bar Association, resolved to abstain from work tomorrow (February 23) to protest the death of youth who reportedly died during farmers' protest on February 22.

In an official statement released by the Executive Committee of the Association, it was stated that, "Various representations and calls have been received from Members of the Bar, the emergent meeting of the Executive Committee of Punjab and Haryana High Court, Bar Association has been convened today i.e. 22.02.2024 at 1:30PM in the Executive Committee Room, in which the Executive Committee has unanimously decided that the Punjab and Haryana High Court Bar Association has consistently shown support for the farmers' union."

How Are 'Shops' Facilitating Marriage Of Run-Away Couples? It's A Sacrosanct Relationship, Can't Be Left Unattended: Punjab & Haryana HC

Case Title: X v. State of Punjab & Ors

The Puniab and Harvana High Court has directed the AAG of Harvana to examine as to under what authority "shops" situated at Panchkula are facilitating marriages of run-away couple without verifying their antecedents, observing that "marriage is not only a contract between two individuals but a sacrosanct relationship, which cannot be left unattended."

Justice Sandeep Moudgil remarked, "These facts cannot be ignored by this Court, as marriage is not only a contract between two individuals but a sacrosanct relationship, which cannot be left unattended, as these instances concern not only morality but is also disturbing and damaging the social fabric by abusing the provisions of the Constitution of India while invoking criminal writ jurisdiction under Article 226 of the Constitution of India."

Painful Saga Of Unholy Collusion Between Police & Gang: P&H HC Seeks Report On Action Take Against Cops Who Colluded With Gang Adultering Milk

The Punjab & Haryana High Court has directed the State to place on record the Status report on the investigation against the police officer who "apparently colluded with the accused" involved in mixing chemicals in Punjab's popular milk plant 'Verka' in 2015.

Justice N.S. Shekhawat said that this case depicts a painful saga of unholy collusion between the police officers and a gang which was adding the chemicals in the milk in the Verka Milk Plant, Mohali.