Punjab & Haryana High Court Weekly Round Up: January 15 - January 21, 2024

Citations: 2024 LiveLaw (PH) 15 To 2024 LiveLaw (PH) 22

Deepak Kumar v. Union of India and others 2024 LiveLaw (PH) 15

X v. State of Punjab & Ors. 2024 LiveLaw (PH) 16

State of Haryana v. Indraj 2024 LiveLaw (PH) 17

Davinder Kaur v. State of Punjab and others  2024 LiveLaw (PH) 18

Sarabjeet Singh Sidhu v. State of Punjab & Ors. 2024 LiveLaw (PH) 19

 X v. State of Punjab & Ors 2024 LiveLaw (PH) 20

Geeta Devi and another v. State of Punjab and another 2024 LiveLaw (PH) 21

Vansh Sangwan v. Central Board of School Education and others 2024 LiveLaw (PH) 22

No Absolute Bar On Appointment In Armed Forces When Acquittal In Moral Turpidute Case Was Due To Benefit Of Doubt: Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 15

Title: Deepak Kumar v. Union of India and others

The Punjab & Haryana has made it clear that acquittal on the ground of "benefit of doubt" in moral turpitude, cases is not an absolute bar for appointment in the Armed Forces.

The petitioner was appointed as constable in the Indo=Tibetan Border Police Force (ITBP) on compassionate grounds, however, his appointment letter was cancelled because he disclosed that he was implicated in a POCSO case wherein he was acquitted.

"Compounds To Agony Of Child": Punjab & Haryana High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy

Citation: 2024 LiveLaw (PH) 16

Title: X v. State of Punjab & Ors.

"Where the denial of dignity and social as well as family acceptance or approval is a writing on the wall, it compounds agony of the child and leads to greater injustice", the Punjab & Haryana High Court said while allowing a minor rape victim to terminate over 12 weeks of pregnancy.

While noting that pregnancy is "an outcome of violation of the minor", Justice Vinod S. Bhardwaj said, "the child, if born, is not a reminder of good memories, but shall be a reminder of trauma and agony she had to undergo. As an unwanted child, the member is also likely to either live a tormenting life filled up with taunts to his/her origin or only to be given away. In either of the said situation, the mother as well as the child shall suffer social stigma and incarceration for rest of their lives."

No Application Of Mind: High Court Takes Exception To "Cavalier Approach" In Filing Bail Cancellation Plea, Imposes 10K Cost On Haryana Govt

Citation: 2024 LiveLaw (PH) 17

Title: State of Haryana v. Indraj

The Punjab & Haryana High Court has imposed a cost of Rs. 10,000 on Haryana for filing cancellation of an anticipatory bail in an extortion case "without application of mind."

Justice Harpreet Singh Brar said, "It appears that learned Public Prosecutor has recommended to file the present petition seeking cancellation of bail granted to respondent in a mechanical manner without application of mind and such a whimsical and capricious approach is required to be depreciated."

'Lackadaisical Approach': HC Imposes ₹1 Lakh Cost On Punjab Govt For Denying Retiral Benefits, Pension To Widow Of Constable Who Died In Line Of Duty

Citation: 2024 LiveLaw (PH) 18

Title: Davinder Kaur v. State of Punjab and others 

The Puniab & Haryana High Court imposed a cost of Rs. 1 lakh on the Puniab Government for its "lackadaisical approach" in denying death-cum- retiral benefits and family pension to widow of a constable who died on duty.

The petitioner-widow was denied the pension on the ground that the salary was released to the deceased husband of the petitioner while he was under treatment and the same was recoverable as directed by the Accountant General and since the petitioner refused to make the said payments, the death-cum-retiral benefits and other retiral benefits had been withheld.

Claim For Employment By Family Members Of Martyred Defense Personnel Cannot Be Put On Lower Pedestal Than Family Of Police Martyrs: P&H High Court

Citation: 2024 LiveLaw (PH) 19

Title: Sarabjeet Singh Sidhu v. State of Punjab & Ors.

The Punjab & Haryana High Court has made it clear that the State cannot adopt different yardsticks for considering the compassionate appointment of the dependents of martyrs from Police forces and Armed Forces Personnel.

The petitioner's grandson was the nephew of a martyred defense personnel, and was denied consideration for a position in the Punjab Police because, according to the state, only Punjab Police martyrs could be considered for those posts.

Technical Objections Like Limitation Can't Stand In Way Of Victim Compensation: Punjab & Haryana HC Orders Compensation To Gang Rape Victim

Citation: 2024 LiveLaw (PH) 20

Case Title: X v. State of Punjab & Ors

The Punjab & Haryana High Court has made it clear that technical objections like limitation in filing the application for victim compensation should not stand in a way of the social welfare object sought to be served by the Victim Compensation Scheme.

While allowing the plea for compensation of a gang rape victim, Justice Vinod S. Bhardwaj said, "the scheme being benevolent and intended to rehabilitate and compensate a victim of atrocity, such technical objection as regards the claim having been submitted delayed in point of time should not stand in the way of the social welfare object sought to be served by the said scheme."

S. 319 CrPC | Merely Naming Accused Not Sufficient For Summoning Order, Evidence Must Satisfy "More Than Prima Facie Case": P&H High Court

Citation: 2024 LiveLaw (PH) 21

Title: Geeta Devi and another v. State of Punjab and another

The Punjab & Haryana High Court has quashed the summoning order against accused persons in a murder case observing that merely because the petitioners had been named by the complainant, the power to proceed against them under Section 319 CrPC cannot be exercised. Court said in such cases the test of "more than prima facie case" must be satisfied.

Under Section 319 CrPC, where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person.

"Duty Of Student To Be Vigilant": Punjab & Haryana High Court Dismisses CBSE Student's Plea To Apply For Improvement Exam After Last Date

Citation: 2024 LiveLaw (PH) 22

Title: Vansh Sangwan v. Central Board of School Education and others

The Punjab & Haryana High Court has dismissed a plea to allow a student to fill out the application form for CBSE Class XII, Improvement Exam after the prescribed stipulated time had elapsed.

Justice Vikas Bahl said, "Once public notices are given, then, it is the duty of the students to be vigilant, more so, when the petitioner wanted to appear in the improvement examinations."

The Court further added that the petitioner had not been able to show any legal right in his favour or any legal duty on the part of respondent authorities to accept the application of the petitioner despite the last extended date having passed.

Other Development

Failure To Perform Duty: Punjab & Haryana High Court Orders Attachment Of Salary Of SHOs Who Failed To Arrest Accused Absconding Since 2 Yrs

Case Title: Loveljit Singh v. State Of Punjab & Ors.

The Punjab & Haryana High Court directed the attachment of the salary of the concerned Station House Officers (SHOs) who failed to arrest an accused who was declared as a Proclaimed Offender in 19 out of 33 criminal cases registered against him in 2022.

Justice Harpreet Singh Brar said, "in spite of repeated orders passed by this Court on various occasions, no tangible efforts have been made to comply with the same. This conspicuous failure to perform their duty by jurisdictional Police Officers leaves this Court with no other option but to attach the salaries of the respective Station House Officers in whose Police Stations the investigation of these cases is pending or the escapee is declared as Proclaimed Offender."

Can Parents Be In "Illegal Custody" Of Their Own Minor Daughter? Punjab & Haryana HC To Determine In Same-Sex Partner's Habeas Corpus Plea

Case Title: X v State of Haryana & Ors.

"Whether the parents can be said to be in the illegal custody of their own minor daughter" the Punjab and Haryana High Court wondered while hearing the habeas corpus petition filed by a woman claiming that her partner in same-sex relationship was illegally detained by the partner's parents.

As the alleged detenu was a minor as per her school records, single bench of Justice Sandeep Moudgil allowed her parents to take her custody with an assurance, that no harm will be caused.

Punjab & Haryana High Court Issues Notice To UT Admin, Others On Plea Seeking Conduct Of Free & Fair Chandigarh Mayoral Elections

Case Title: Kuldeep Kumar v. U.T. Chandigarh & Ors.

The Punjab & Haryana High Court on Thursday, issued notice on a plea seeking directions to conduct "free fair and transparent elections" to the post of Mayor, Senior Deputy Mayor and Deputy Mayor of Chandigarh Municipal Corporation which was scheduled for Thursday (January 18, 2024) and postponed citing "law and order" issues.

After considering the submissions a division bench of Justice Sudhir Singh and Justice Harsh Bunger issued notice to U.T. Chandigarh, Deputy Commissioner, Commissioner, Joint Commissioner, Municipal Corporation, DGP and SSP Chandigarh.

Drug Trafficking: Punjab & Haryana High Court Suggests Procedure Of Destroying Seized Contraband Should Be Monitored By Judicial Office

Case Title: Court on its own motion v. Union of India and others.

While hearing the suo moto cognisance against drug trafficking at the border areas of Punjab, the Punjab & Haryana High Court has said that the procedure of destroying the seized heroin should be monitored by a Judicial Officer.

Previously, the court had noted that reportedly 755 Kg of narcotic items, which were being supplied in India on the border by way of drones, had been recovered.

How Are Prisoners Suffering From 'Hepatitis C' Treated In Jails? High Court Asks Punjab & Haryana Govts

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

The Punjab and Haryana High Court has asked the governments of both the states to explain how prison inmates suffering from Hepatitis C in their respective States, are being treated.

The development came in the suo moto case initiated over shortage of Medical staff in jails. Amicus Curiae Amitabh Tewari drew the Court's attention to a news item published in the Hindustan Times, mentioning that during a survey of jail inmates in the State of Punjab, conducted from June 15 to July 19, 2023, 23% prisoners were suffering from Hepatitis C.

High Court Raps Punjab Police For "Callous Approach" In Kidnapping Case, Says Accused Should Not Be Put To "Unwarranted Investigation"

Case Title: Aman v. State of Punjab

The Punjab and Haryana High Court recently pulled up senior officials of Punjab Police for their "irresponsible and callous approach" in investigating a kidnapping case of a minor girl, stating that accused should not be put to unwarranted investigation, "if at all the complainant is playing smart".

In a regular bail plea, where a 20-year-old boy, who had been booked in 2022 and was in custody for over a year for allegedly kidnapping a 16-year-old girl, the Court noted the "casual manner of investigation conducted by the SIT. The petitioner, along with the CCTV footage, asserted that the girl who is allegedly missing is alive and living safely with her family.

Ram Mandir Inauguration: Punjab & Haryana HC Bar Association To Suspend Work On Jan 22; Screens To Be Installed In Bar Rooms To Watch Ceremony

The Punjab & Haryana High Court Bar Association has declared to suspend work on January 22, on account of Ram Mandir Consecration Ceremony in Ayodhya, Uttar Pradesh.

The Association stated that the the "executive committee respects the sentiments of the Honble Members of the Bar and does not intend to create any difficulty or confusion for its members."

"Further to enable the members to celebrate the festival tomorrow ie Pran Pratishtha Ceremony to be held in Shree Ram Mandir in Ayodhya on 22.01.2024 it has been decided that work in Puniab and Haryana High Court shall remain suspended for the entire day on 22.01.2024," it said.