Punjab & Haryana High Court Weekly Round-Up: June 23 - June 30, 2024

Nominal Index [Citations 220 - 231]

Rajinder Singh @ Bittu v. State of Punjab 2024 LiveLaw (PH) 220

Prabal Titus v. State of Punjab and others 2024 LiveLaw (PH) 221

 Veena Parmar v. State of Punjab  2024 LiveLaw (PH) 222

Shanti Devi @ Sham Kala v. Rajasthan State Road Transport Corporation and another  2024 LiveLaw (PH) 223

XXX v. XXX  2024 LiveLaw (PH) 224

Manjraj Singh Chatha v. Panjab Univ. & Ors. 2024 LiveLaw (PH) 225

Dr. Mohanmeet Khosla v. Panjab University, Chandigarh and others 2024 LiveLaw (PH) 226

Sanjeev Kumar v. State of Haryana & Ors 2024 LiveLaw (PH) 227

Mandeep Singh v. State of Punjab and others 2024 LiveLaw (PH) 228

XXX v. XXX [CRM-21064-2024 IN CRA-S-1736-2023 ]  2024 LiveLaw (PH) 230

Harjinder Singh @ Jinda & Ors. v. State of Punjab & Ors.  2024 LiveLaw (PH) 231

Reports 

'Impossible For Police To Plant Heavy Contraband': Punjab & Haryana High Court Dismisses Appeal Of Men Convicted For Possessing 25 Kg Heroin

Case: Rajinder Singh @ Bittu v. State of Punjab

Citation: 2024 LiveLaw (PH) 220

The Punjab & Haryana has dismissed the appeal challenging the conviction under the NDPS Act for possessing 25 kg heroin. The Court rejected the argument that the contraband was planted by the police and that accused persons were falsely implicated in the case.

Justice Gurvinder Singh Gill and Justice N.S. Shekhawat said, "the recovery of the contraband was too heavy and it was impossible to plant such a recovery on both the appellants. Even otherwise in their statements under Section 313 Cr.P.C , the appellants had offered no explanation, as to why they had been falsely involved by the police in such a heinous crime."

'Would Cause Irreparable Loss If Not Allowed': Punjab & Haryana High Court Allows Prisoner Accused In Murder Case To Appear For LLM Exam

Case: Prabal Titus v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 221

The Punjab & Haryana High Court has allowed an accused imprisoned in a murder case to appear in the LLM exam, observing that if he is not allowed, then "irreparable loss" would be caused.

Justice Vikas Bahl noted that the prisoner has been a meritorious student, attained good grades in LLB and has also done 25 courses from various Foreign Universities.

No Statutory Requirement That Accused Must Put Signature On Bail Bond In Court Or In Presence Of Police Officer: Punjab & Haryana High Court

Title: Veena Parmar v. State of Punjab

Citation: 2024 LiveLaw (PH) 222

 The Punjab & Haryana High Court has made a significant observation with respect to filing of bail bond, that there is "no statutory requirement" that the accused must put their signatures on it, in the presence of the Police officer or in the Court.

While granting anticipatory bail in the corruption case, Justice Anoop Chitkara allowed a 75-year-old elderly woman suffering from advanced carcinoma and residing in the USA to send the signed copy of the bail bond through post to her counsel, who shall forward it to the concerned police officer.

Punjab & Haryana HC Enhances Compensation For Accidental Death Of 'Brilliant' Class 3 Student, Calculates Notional Income As 30K Per Annum

Case: Shanti Devi @ Sham Kala v. Rajasthan State Road Transport Corporation and another

Citation: 2024 LiveLaw (PH) 223

The Punjab & Haryana High Court has observed that the notional income of a brilliant student, studying in 3rd grade who met with an accident in 2007, will be Rs.30,000.

Justice Archana Puri said, "considering the deceased to be a brilliant student, studying in 3rd class, at the relevant time and also considering the devaluation of rupee, in the modest estimate, the notional earnings of the deceased child can conveniently be taken to be Rs.30,000/- per annum."

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court

Case Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 224

The Punjab and Haryana High Court has said that the second criminal revision petition by the same person is barred under the Criminal Procedure Code (CrPC) but the High Court can entertain such plea by exercising inherent jurisdiction under Section 482 CrPC.

Justice Sumeet Goel observed, "A second criminal revision petition filed by the same person is barred in view of statutory mandate contained in Section 397(3) and Section 399(2) of Cr.P.C., 1973. Nonetheless, the High Court in its plenary inherent jurisdiction under Section 482 of Cr.P.C., 1973 may entertain such a petition, if the facts/circumstances of the case in hand so warrant."

High Court Raps Chandigarh Admin For Denying Certificate To Shooter Aspiring To Take Admission In Law School From Sports Quota

Title: Manjraj Singh Chatha v. Panjab Univ. & Ors.

Citation: 2024 LiveLaw (PH) 225

The Punjab and Haryana High Court has slammed the Sports Department of Chandigarh Administration for not issuing Sports Gradation Certificate to a national level-shooter who played for the UT, on the ground that he was not a student from school recognised by the Administration.

The sportsperson was aspiring to take admission in law school of Panjab University, through sports quota reservation.

Justice Sandeep Moudgil said, "It would be totally unjust, unfair, arbitrary and irrational to deny issuance of Sports Gradation Certificate to the petitioner on the pretext that he was not a student from the schools/colleges recognized by the Chandigarh Administration and situated in the Union Territory of Chandigarh despite the fact that he is not seeking admission in any of the institutions under the control of Chandigarh Administration."

Panjab University Calendar | Every Teacher Should Be Given Chance To Head Department On Rotation Basis, Irrespective Of Seniority: High Court

Title: Dr. Mohanmeet Khosla v. Panjab University, Chandigarh and others

Citation: 2024 LiveLaw (PH) 226

Interpreting the Panjab University Calendar Volume III, the High Court has observed that irrespective of the stature as junior and senior in the teaching department, everyone has to be given chance of Headship to lead the department on rotation basis.

Non-Availability Of Post Not Ground To Deny Appointment To Candidate Wronged By State's Arbitrary Action: Punjab & Haryana High Court

Sanjeev Kumar v. State of Haryana & Ors

2024 LiveLaw (PH) 227

The Punjab and Haryana has said that non-availability of post cannot be a ground to deny appointment to the applicant who has been wronged only on account of arbitrary action of State.

Despite being duly selected pursuant to an advertisement issued in 2019, the petitioner, whose waiting was cleared, was not appointed. The education department, "without any justification," delayed the procedure, causing the validity period of the waiting list to expire.

[S.319 CrPC] Power Of Summons Can't Be Used Simply Because Prosecution Believes Someone Else Might Be Guilty Of Offence: Punjab & Haryana HC

Mandeep Singh v. State of Punjab and others

2024 LiveLaw (PH) 228

The Punjab & Haryana High Court has reiterated that the power of summoning any person, not originally challaned or named as an accused, to the proceedings under Section 319 CrPC, cannot be used simply because the prosecution or complainant believes that someone else might also be guilty of the offence.

Marrying Person Of One's Choice Is A Fundamental Right, No One Can Interfere With Marriage Preferences Of Adults: Punjab & Haryana High Court

Case Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 229

The Punjab & Haryana High Court has observed that the right to marry a person of one's own wish is a fundamental right. The development came while hearing a protection plea of a couple who stated to have legally married each other and apprehended threats from their relatives.

Justice Kuldeep Tiwari observed, “To marry a person of one's own choice, is the fundamental right of every citizen. No one is bestowed with any right or authority to interfere in the marriage preferences of independent adults.”

'Unbecoming Of Police Official': Punjab & Haryana High Court Refuses To Stay Policeman's Conviction For Repeatedly Raping SC Woman

XXX v. XXX [CRM-21064-2024 IN CRA-S-1736-2023 ]

Citation: 2024 LiveLaw (PH) 230

The Punjab and Haryana High Court has refused to stay the conviction of a Haryana Police Officer for repeatedly committing rape on a woman belonging to Schedule Caste community.

“Here's the smell of the blood still: all the perfumes of Arabia will not sweeten this little Hand,” quoted the judge from Shakespeare's Macbeth to underscore that even if punishment is handed out and a certain contrition is exacted by the erring person, the shaken public confidence may not recuperate.The Punjab and Haryana High Court has refused to stay the conviction of a Haryana Police Officer for repeatedly committing rape on a woman belonging to Schedule Caste community.

“Here's the smell of the blood still: all the perfumes of Arabia will not sweeten this little Hand,” quoted the judge from Shakespeare's Macbeth to underscore that even if punishment is handed out and a certain contrition is exacted by the erring person, the shaken public confidence may not recuperate.

No Evidence That Gurdas Maan Forced Anyone To Accept Laddi Shah As Descendant Of Third Sikh Guru: P&H High Court Refuses To Quash Cancellation Report

Harjinder Singh @ Jinda & Ors. v. State of Punjab & Ors.

2024 LiveLaw (PH) 231

The Punjab and Haryana High Court has refused to set-aside the cancellation report filed by Punjab Police in a case under Section 295-A IPC, alleging Singer Gurdas Maan offended religious sentiments of Sikh masses.                                                  

The provision lays down punishment for deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.