Punjab & Haryana High Court Weekly Round-Up: July 22 - July 28, 2024
Aiman J. Chishti
1 Aug 2024 9:55 AM GMT
Nominal Index [Citations 166-176]
Manpreet Kaur v. State of Punjab 2024 LiveLaw (PH) 166
Mrs. Shiv Dei Guleria v. Union of India and Ors 2024 LiveLaw (PH) 167
Jitender Jatasra v. State of Haryana & Ors. 2024 LiveLaw (PH) 168
Varinder Pal Singh Dhoot V. UOI & Anr. 2024 LiveLaw (PH) 169
Gurpreet Singh Sabharwal v. State of Haryana and others 2024 LiveLaw (PH) 170
Ritu v. State of Haryana & Ors 2024 LiveLaw (PH) 171
Vikram Bajaj v. Union of India and others 2024 LiveLaw (PH) 172
XXX v. XXX 2024 LiveLaw (PH) 173
Bhupesh Kumar @ Happy v. State of Punjab 2024 LiveLaw (PH) 174
Sourabh v. State of Haryana and others 2024 LiveLaw (PH) 175
XXX v. XXX 2024 LiveLaw (PH) 176
Reports
Title: Manpreet Kaur v. State of Punjab
Citation: 2024 LiveLaw (PH) 166
In a first, the Punjab & Haryana High Court has said that it will not be "violation of any law" if the new criminal laws will be called by their abbreviations i.e BNSS, BNS, BNA instead of using the complete titles in FIR, Petitions and orders to simply lengthy Hindi terminology.
Justice Anoop Chitkara opined that, "creating a shared linguistic space for people with different language backgrounds becomes crucial to fostering a sense of unity and inclusivity. The hard-to-pronounce titles cause lingual impediment, cognitive chaos, and tedium that can prevent the legal system from operating smoothly."
Title: Mrs. Shiv Dei Guleria v. Union of India and Ors.
Citation: 2024 LiveLaw (PH) 167
The Punjab & Haryana High Court has expressed "its deep disappointment and anguish towards the lackadaisical attitude" of the Union Government authorities for not complying with the Armed Forces Tribunal (AFT) orders.
The development came while hearing a plea of a widow of retired army personnel seeking directions to the Union Government to implement AFT Chandigarh's direction to grant family pension pending implementation for the last one and a half years.
Title: Jitender Jatasra v. State of Haryana & Ors.
Citation: 2024 LiveLaw (PH) 168
The Punjab & Haryana High Court has quashed an FIR lodged under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) and IPC for allegedly passing casteist remarks against an IPS Officer and promoting enmity between different groups.
The accused stated to be an activist had posted a comment on social media about the police atrocities along with video clips of alleged torture against an arrested person.
Title: VARINDER PAL SINGH DHOOT V. UNION OF INDIA AND ANR.
Citation: 2024 LiveLaw (PH) 169
The Punjab and Haryana High Court has made it clear that the accused cannot directly approach the High Court challenging eviction under Section 8 (4) of the Prevention of Money Laundering Act (PMLA) when the appeal in pending before the Tribunal.
The provision states that where the provisional order of attachment made is confirmed, the possession of such property may be taken in such manner as may be prescribed.
Title: Gurpreet Singh Sabharwal v. State of Haryana and others
Citation: 2024 LiveLaw (PH) 170
The Punjab & Haryana High Court has said that the accused is duty-bound to cooperate in the investigation as per the summon issued under 50(2) of the Prevention of Money Laundering Act, 2002 (PMLA) but cannot be compelled to make an incriminating statement against himself in terms of the protection granted under Article 20(3) of the Constitution of India.
Chief Justice Sheel Nagu and Justice Vikas Suri said, "The...fundamental right under Article 20(3) of the Constitution of India is available to be exercised as a shield by every accused in an offence punishable under the Prevention of Money Laundering Act which undoubtedly is a criminal law, promulgated to prevent money laundering and to provide for confiscation of property derived from, or involved in, money laundering and for matters connected therewith or incidental thereto."
Title: Ritu v. State of Haryana & Ors.
Citation: 2024 LiveLaw (PH) 171
The Punjab & Haryana High Court has imposed litigation cost of Rs.75,000 on Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical Sciences (PGIMS, Rohtak) for terminating the contract of its employee arbitrarily despite her good performance and service of ten years.
Justice Tribhuvan Dahiya said, "the argument advanced by learned counsel for the University that the petitioner has no right to seek extension of contract which could only be extended as per University's wish and for so long as it desired, is cantankerous and shows high-handedness and autocratic attitude which is deprecated."
Pay Dues Of Panel Lawyer Or Face Exemplary Cost: Punjab & Haryana High Court To Union Govt
Title: Vikram Bajaj v. Union of India and others
Citation: 2024 LiveLaw (PH) 172
The Punjab & Haryana High Court has directed the Union Government to pay the "undisputed admissible" amount of over Rs.13.21 lakhs to a senior panel lawyer who appeared for the Union of India and if the payment is not made within stipulated time, an exemplary cost will be imposed.
Justice Vinod S. Bhardwaj said, "the undisputed amount which remains outstanding is Rs.13,21,780/-. The present writ petition is accordingly disposed of with a direction to the respondents to release the undisputed admissible amount in favour of the petitioner within a period of 08 weeks of receipt of certified copy of this order..."
Title: XXX v. XXX
Citation: 2024 LiveLaw (PH) 173
The Punjab and Haryana High Court has refused to grant protection to the already married live-in couples apprehending threat from their family members, observing that married couples who run away from their parental homes to be in live-in relationships are bringing a "bad name" to their parents and also violate the right of the parents to live with dignity.
Title: Bhupesh Kumar @ Happy v. State of Punjab
Citation: 2024 LiveLaw (PH) 174
Observing that "probability of his false implication cannot be ruled", the Punjab & Haryana High Court has granted bail to a man booked for allegedly possessing contraband of commercial quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Justice Sandeep Moudgil observed, "this Court can easily infer that the petitioner is not a habitual offender, and therefore, probability of his false implication cannot be ruled out particularly in the light of the fact that police party was in a private vehicle, details of which have not been mentioned and this very fact has not been controverted by the learned State counsel, even before this Court at the time of consideration of instant petition."
Title: Sourabh v. State of Haryana and others
Citation: 2024 LiveLaw (PH) 175
Relying on Supreme Court's precedent, the Punjab & Haryana High Court has said that Public Interest Initigation (PIL) on service matters is not maintainable.
Chief Justice Sheel Nagu and Justice Vikas Suri referring to Apex Court's decision in Pratap Singh Bist v. The Director, Directorate of Education, Govt. Of NCT Of Delhi & Ors said, "it reveals that the issue as to whether a service matter can be entertained by way of Public Interest Litigation was though categorized as debatable issue but left open to be decided in an appropriate case. Therefore, there was no adjudication on the said issue and thus,this Court has no manner of doubt that the prevailing law on the issue which is evident from the earlier judgments...holds the field."
Title: XXX v. XXX
Citation: 2024 LiveLaw (PH) 176
The Punjab and Haryana High Court has ordered the release of a man's passport, which is in custody of a trial court dealing with a cruelty FIR lodged by his wife.
Justice Harpreet Singh Brar said that holding the passport would have "a truly detrimental effect with respect to the resumption of his Green Card" in United States of America.
Other Developments
Title: Court on its own motion v. State of Punjab through its Chief Secretary
The Punjab & Haryana High Court has taken suo moto cognizance of village girl students dropping out of schools due to non-availability of schools and infrastructure along Punjab's Patiala-Rajpura Highway. Chief Justice Sheel Nagu and Justice Vikas Suri said, "Learned State counsel is directed to submit report with regard to the plight of the students of High Schools (10th) and Higher Secondary Schools (11th and 12th), especially girls who are compelled to drop out from their schools due to non-non-availability of infrastructure and even non-availability of schools along Patiala-Rajpura Highway, highlighted in news item published in the newspaper “The Tribune” on 23.07.2024."
Title:Anjali Kukar and others v. Bar Council of Punjab and Haryana through its Chairman and others
The Punjab & Haryana High Court today, has dismissed the application seeking interim bail for Punjab & Haryana High Court Bar Association President Vikas Malik, to attend Bar Council proceedings against him relating to allegations of sexual harassment and embezzlement of funds of the Bar Association.
Title: Vikramjit Singh v. Election Commission of India and others
An election petition has been filed before the Punjab & Haryana High Court challenging the Election of Punjab's Khadoor Shaib Member of Parliament Amritpal Singh, who is detained under National Security Act (NSA). Amritpal, since his arrest in April 2023 is lodged in Dibrugarh Jail. He won the 2024 Lok Sabha elections from Punjab's Sri Khadoor Sahib parliamentary constituency as an Independent candidate. He is head of alleged "pro-khalistani" outfit Waris Punjab De and also an accused in various FIRs including Ajnala Police Station attack incident.
AMARJEET AND OTHERS V. STATE OF HARYANA AND OTHERS
The Punjab & Haryana High Court has sought an affidavit from the Haryana Government on working conditions of the basic amenities and other facilities provided in the schools.
The Court had earlier flagged the "Government's insensitivity" towards Govt. schools in Haryana which lacks basic amenities "like rooms, electricity, toilets as well as drinking water."
SC/ST Act | Offensive Statement Must Be Judged Based On Standards Of Reasonable Man, Not On Views Of Hypersensitive Person: Punjab & Haryana HC
