Punjab & Haryana High Court Weekly Round-Up-: April 1 - April 7, 2024

Nominal Index

Mukesh Kumar v. State of Haryana 2024 LiveLaw (PH) 99

XXX v. XXX 2024 LiveLaw (PH) 100

Zorawar Singh @ Shenty v. State of Punjab 2024 LiveLaw (PH) 101

The New India Assurance Company Limited v. Pinki and Others 2024 LiveLaw (PH) 102

Kunal Chanana v. Election Commission of India and others 2024 LiveLaw (PH) 103

S. Rajgopal v. State of Haryana and others 2024 LiveLaw (PH) 104

State of Punjab and others v. Rajvir Kaur and others 2024 LiveLaw (PH) 105

Bajrang v. State of Haryana and others 2024 LiveLaw (PH) 106

Sucha Singh v. State Of Punjab 2024 LiveLaw (PH)107

Sushil Kumar and others v. State of Haryana and others 2024 LiveLaw (PH) 108

State of Punjab and others v. Rajvir Kaur and others  2024 LiveLaw (PH) 109

Reports

PC Act | 'Meaningless' To Seek Bail In Corruption Cases On Grounds That No Loss Was Caused To Govt: Punjab & Haryana High Court

Title: Mukesh Kumar v. State of Haryana

Citation: 2024 LiveLaw (PH) 99

While rejecting a pre-arrest bail of a Haryana Shehri Vikas Pradhikaran (HSPV) Estate Officer, the Punjab & Haryana High Court has made it clear that seeking bail in a corruption case on the ground that "no loss has been caused to the government" is "meaningless".

Noting that the petitioner also sought bail on the ground that no loss has been caused to the government, Justice Anoop Chitkara observed, "The said argument is meaningless. If this argument is accepted, then every government employee who commits such an act and where no loss caused to government, would be entitled to bail which is neither the meaning within the Prevention of Corruption Act nor the provisions relating to cheating, forgery under Indian Penal Code."

SC/ST Act | Pre-Arrest Bail Can't Be Rejected Solely On Ground That Plea Is Not Maintainable, Special Court Must Adjudicate On Merits: P&H High Court

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 100

The Punjab & Haryana High Court has said that an anticipatory bail plea under the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989] (SC/ST Act) cannot be rejected solely on the ground that such a plea is not being in terms of statutory provisions contained in Section 18/18(A) of the Act.

NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSL

Citation: 2024 LiveLaw (PH) 101

Title: Zorawar Singh @ Shenty v. State of Punjab

The Punjab & Haryana High Court has set aside the conviction in a case under the Narcotic Drugs & Psychotropic Substances (NDPS) Act on the ground that the prosecution concealed from the Trial Court that the objections were raised by the Forensic Lab on the sample sent by the investigating agency.

Justice Pankaj Jain said, "Investigating agency can not hide proceedings from the Court. The onus upon the investigating agency is to investigate the crime and not to ensure that the accused is punished. After all, the quest is for the truth. The fairness of investigation is expected from the prosecution not only qua the stand of the prosecution but also from the point of view of the defence."

MV Act | Minimum Wage Can't Be Only Factor To Determine Compensation Payable To Claimant: Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 102

Title: The New India Assurance Company Limited v. Pinki and Others

The Punjab & Haryana High Court has said that the Minimum Wages Act cannot be the only factor in determining the compensation payable to the claimants in motor accidents. Justice Alka Sarin said, "No doubt minimum wages notification is a yardstick which is often used, however, the same cannot be the only factor to determine the compensation payable to the claimants.The Courts must strike a balance between inflated and unreasonable demands of the victim and the equally untenable claim of the opposite party saying that nothing is payable."

Haryana CM Nayab Singh Saini Obligated To Get Elected As MLA Within 6 Months, Karnal By-Election Facilitates It: High Court

Citation: 2024 LiveLaw (PH) 103

Kunal Chanana v. Election Commission of India and others

The Punjab & Haryana High Court, dismissed the plea challenging the notification issued by the Election Commission of India (ECI) to hold a bye-election for Haryana's Karnal constituency in May, observing that new Chief Minister is obligated to to get himself elected as a member of the State Legislative Assembly within six months of taking oath as per the constitutional mandate and the bye-election facilitates it.

Directors Can't Be Held Vicariously Liable In Criminal Cases Merely Because They Hold A Position In Company: Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 104

Title: S. Rajgopal v. State of Haryana and others

The Punjab & Haryana High Court has quashed the chargesheet arraying the Directors of a Company responsible for maintenance of a road, in a criminal case pertaining to the death of a 3-year-old child in an accident allegedly by falling from a bike due to a pothole.

The Directors were booked for causing death by negligence (Section 304-A IPC), causing hurt by act endangering life or personal safety of others (Section 337 IPC) and rash driving (Section 279 IPC), after an SIT found that the death of the child was caused because there were pits on the road and the M/s Larsen and Toubro (L&T) was sub-contracted to maintain it.

Prosecution Resulting In Acquittal, Discharge, Withdrawal Cannot Be Included In Criminal History For Considering Bail: Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 105

Title: Dharamraj v. State of Haryana

The Punjab & Haryana High Court has made it clear that the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR, the prosecution stands withdrawn, or a closure report is filed, cannot be included in criminal history for considering bail application of an accused. Justice Anoop Chitkara said, "While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused."

No Provision Under RTI Act To File Complaint Against Applicant Who Sought Information: Punjab & Haryana High Court

Title: Bajrang v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 106

The Punjab & Haryana High Court has quashed an FIR lodged for cheating and forgery against an applicant seeking information under the Right To Information (RTI) Act, observing there is no provision under the RTI Act or Rules to file a complaint against an applicant, who sought information. The Court also found there was no evidence to prove the ingredients of the offence.

Proclamation | Person Not 'Absconding' When He Went To Distant Place Before Warrant Was Issued: Punjab & Haryana High Court

Title: Sucha Singh v. State Of Punjab

Citation: 2024 LiveLaw (PH)107

The Punjab & Haryana High Court has said that a person cannot said to have absconded or evaded arrest if he has gone to distant place before the warrant of arrest. 

Justice Sandeep Moudgil while setting aside the proclamation order said, "A person cannot be said to be “abscond” or “evade” the execution of warrant when he had gone to a distant place before the issue of the warrant."

Law Enacted For Agrarian Reforms Not Violative Of Right To Property Under Article 300-A Of Constitution: Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 108

Title: Sushil Kumar and others v. State of Haryana and others

The Punjab & Haryana High Court has upheld the constitutional validity of Haryana's land reform law, the "Haryana Dholidar, Butimar, Bhondedar and Muqararidar (Vesting of Proprietary Rights Act, 2010)" (the Act), observing that it "recognised the rights of tillers of the land."

Punjab & Haryana HC Imposes ₹1 Lakh Cost On State For Not Paying Compensation To Deceased Employee's Kin For Two Decades, Filing Frivolous Plea To Avoid Award

Title: State of Punjab and others v. Rajvir Kaur and others

Citation: 2024 LiveLaw (PH) 109

The Punjab & Haryana High Court has imposed a cost of Rs.1 lakh on the Punjab Government for not paying the compensation to a driver awarded in 1998 under the Workmen's Compensation Act and filing a petition to avoid depositing the compensation amount.

While imposing the cost, Justice Sanjay Vashisht observed that the State and its authorities filed the petition on the basis of mere technicalities and the petitioners, well acquainted with the law, "its lengthy procedure and aims and objects of the Statute, i.e. Workmen's Compensation Act, cannot be expected to sit idle with closed eyes, and not to pay the awarded amount of compensation to the needy family."

Other Development

Farmers Protest | Why Was Zero FIR Registered When Injured Protestor Alleged He Was Picked Up From Punjab By Haryana Police? HC Asks Punjab Govt

Title: Davinder Singh v. State Of Haryana & Ors.

The Punjab & Haryana High Court pulled up the Punjab Government for its inaction in investigating the death of Protesting farmer, Shubhkaran Singh who died at the Punjab-Haryana (Khanauri) border during the farmers' 'Dilli Chalo' protest on February 21.

While noting that the Punjab Police lodged Zero FIR by recording the occurrence that took place within the jurisdiction of Police Station Garhi (Haryana), Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji said, "Thus, an attempt has been made by the State of Punjab to wash its hands off from investigating into the matter."

Overcrowding Of Courtrooms By Police: P&H HC Calls For State's Response On Plea Seeking Directions To Control Number Of Police Officials Visiting Court

Title: H.C. Arora v. State of Punjab. & Ors.

The Punjab & Haryana High Court today asked the Punjab Government to file an affidavit on the Public Interest Litigation (PIL) filed seeking directions for the state to take steps to control the number of Punjab Police Officials visiting the Court everyday to attend proceedings.

Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji taking note of the plea, issued notice to the Punjab Government.

Punjab & Haryana HC Seeks Centre, State's Response On Plea To Declare Feeding Spots, Form Welfare Board For Stray Animals At RWA Level

Title: Nitu Kumari & Anr v. UOI & Ors.

The Punjab & Haryana High Court has sought a response from the Union and State Government on a plea seeking directions to declare the necessary feeding spots in the residential areas for stray animals and to constitute Animal Welfare Boards at the Resident Welfare Association (RWA) level in Haryana.

Justice Vinod S. Bhardwaj issued notice to the Union Government, Animal Welfare Board of India, Haryana Government, Municipal Corporation, Police Commissioner, RWA, Faridabad.

Haryana Cabinet Expansion: HC Seeks Response From Centre, State On Plea Alleging Number Of Ministers Exceeds Constitutionally Mandated 15% Of Assembly

title: JagMohan Bhatti v. UOI & Ors

The Punjab & Haryana High Court, sought a response from the Union, State Government and other authorities on a PIL challenging the expansion of the Haryana Government Cabinet on March 17, stating that the number of Ministers exceeds 15% of the Assembly which is in violation of Article 164 of the Constitution.

'Every Possible Effort Made By Officials To Hamper Investigations': P&H High Court Raps PUDA, GMADA For Delay In Sanctioning Probes, Seeks Response

Title: Piyush Bansal Vs State of Punjab and others

The Punjab & Haryana High Court has rapped state authorities, Punjab Urban Planning and Development Authority (PUDA) and Greater Mohali Area Development Authority (GMAD) for delaying the investigation in criminal cases for which it was authorised to grant sanctions.

Justice N.S. Shekhawat observed, "From the affidavit submitted by the SSP Fatehgarh Sahib, it is apparent that every possible effort has been made by the officials of PUDA/GMADA to hamper the process of investigation, apparently under the influence of the accused in the said cases. It has also come to the notice of this Court that in number of cases, the process of investigation has been unreasonably delayed as the report/sanction was awaited from PUDA/GMADA, despite various reminders.

[Death By Spurious Liquor In Punjab] High Court Seeks Response From Centre, State On Plea Seeking CBI Probe Into Matter, Role Of Officials

Title: Bikramjit Singh Bajwa v. State of Punjab & Ors.

The Punjab & Haryana High Court has sought a response from the Union and State Governments on pleas seeking CBI enquiry or judicial probe into the selling of spurious liquor which allegedly caused the deaths of its consumers in Punjab.

It is stated that 21 people died in March due to the spurious liquor which is easily available and is being sold illegally allegedly in connivance with the Police and Excise Officials in Punjab's Sangrur.