Punjab & Haryana High Court Weekly Round Up- March 18- March 24, 2024

NOMINAL INDEX

XXX v. State of U.T. Chandigarh and Others 2024 LiveLaw (PH) 85

Mukul Garg v. CBI & Ors. 2024 LiveLaw (PH) 86

Jagdish @ Kali Nath v. State of Haryana & Ors. 2024 LiveLaw (PH) 87

Surjit Singh v. State of Punjab  2024 LiveLaw (PH) 88

Roma Rani v. State of Punjab and others 2024 LiveLaw (PH) 89

ED v. Narinder Khillan 2024 LiveLaw (PH) 90

Sant Gurmeet Ram Rahim v. State of Punjab & Ors. 2024 LiveLaw (PH) 91

REPORTS

Application Of Statutes Must Be Based In Reality: Punjab & Haryana HC Quashes POCSO Case Against Youth For Consensually Impregnating Minor Wife

Citation: 2024 LiveLaw (PH) 85

Title: XXX v. State of U.T. Chandigarh and Others

The Punjab & Haryana High Court has quashed a rape case against a husband who was accused of committing sexual intercourse consensually with his minor wife, observing that application of statutes like the Protection of Children from Sexual Offences Act, 2012 (POCSO) cannot be divorced from the reality of the situation.

A young couple visited a government hospital, where doctors found that the minor wife was pregnant and reported it to the police in view of Section 19 of the POCSO Act. It was stated that the couple was married with the blessings of their families and there were not any accusations against the husband. However, an FIR was registered and the man was arrested.

Custodial Death: Punjab & Haryana High Courts Directs CBI Probe Into Death Of Young Girl In Police Custody, Says SIT Ignored Vital Questions

Citation: 2024 LiveLaw (PH) 86

Title: Mukul Garg v. CBI & Ors.

The Punjab and Haryana High Court has directed CBI to probe into the custodial death of a girl who allegedly died due to torture in Punjab Police custody in 2017. The plea was filed by the deceased's fiancee who alleged that he along with deceased Ramandeep Kaur was taken in the Police Custody to investigate a case pertaining to fraud. Kaur allegedly died during interrogational torture. Thereafter, he moved High Court in 2017 and the Court directed the DGP Punjab to constitute SIT to probe the matter.

'Oppressive & Harsh', Punjab & Haryana High Court Modifies Parole Condition To Furnish Surety Bond Of Rs. 2 Lakhs

Citation: 2024 LiveLaw (PH) 87

Title: Jagdish @ Kalu Nath v. State Of Haryana & Ors.

Observing that it is "oppressive and harsh", the Punjab and Haryana High Court modified the parole condition to furnish personal bond of Rs. 2 lakhs along with two sureties.

While modifying the condition to personal and surety bond of Rs. 1 lakh, a division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "the conditions are extremely harsh and oppressive, thereupon when they ultimately frustrate the purpose of the relief granted to the present petitioner, thereupon the very purpose of the said facility of parole, as, assigned to the prisoners, would but be completely snatched, and/or, therebys the temporary release of the prisoners from the prisons concerned, which is a holistic purpose behind the engraftment of the provisions embodied in the Act (The Haryana Good Conduct Prisoners (Temporary Release) Act, 2022).."

Not Safe To Rely On DNA Report In Absence Of Evidence Regarding How Samples Were Collected: P&H High Court Acquits POCSO Rape Convict

Citation: 2024 LiveLaw (PH) 88

Title: Surjit Singh v. State of Punjab 

The Punjab & Haryana High Court acquitted a man convicted of raping a minor girl, observing that there was "an important break in the chain of link evidence to prove that the vaginal swabs" were taken for medical examination of the alleged victim.

While setting aside the conviction under the Protection of Children from Sexual Offences (POCSO) Act, Justice Manisha Batra said, " It was for the prosecution to rule out the possibility of the samples being contaminated or tampered with. In the absence of evidence how the samples were collected as well as the fact that they were properly preserved or not, it will not at all be safe to rely upon the DNA report."

'Effort Made To Scandalise Reputation Of Court': P&H HC Directs Criminal Contempt Against Petitioner Who Made Contemptous Allegations Against Sitting HC Judges

Citation: 2024 LiveLaw (PH) 89

Title: Roma Rani v. State of Punjab and others

The Punjab & Haryana High Court has directed a criminal contempt case against a petitioner who alleged in a Public Interest Litigation (PIL) that the Police are running an extortion business under the "proper patronage" of the sitting High Court judge.

Observing that there is no merit in the PIL, a bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji said, "We, however, direct the office to register a criminal contempt against the petitioner and place it before the Bench handling the said matters so that notice can be issued and the petitioner can be prosecuted for the scandalous averments made in the petition."

'ED Oblivious To Ground Realities': Punjab & Haryana HC Rejects Agency's Plea Against 4 Days Release Of Accused For Preparing His Defence

Citation: 2024 LiveLaw (PH) 90

Title: ED v. Narinder Khillan

The Punjab and Haryana High Court has dismissed the Enforcement Directorate's (ED) plea challenging the four day release of an accused arrested under Prevention of Money Laundering Act, granted by special court to enable him to procure documents in his defence.

The Court rejected the argument raised by ED that if the petitioner is taken out of jail and permission is given to him to meet other persons outside the jail premises, it will result in a grave miscarriage of justice, as it may give him a chance to deal with the proceeds of crime and crucial evidence.

2015 Sacrilege Cases: High Court Frames 4 Questions For Larger Bench On Ram Rahim's Plea Challenging Punjab's Withdrawal Of Consent For CBI Probe

Title: Sant Gurmeet Ram Rahim v. State of Punjab & Ors.

Citation: 2024 LiveLaw (PH) 91

The Punjab and Haryana High Court has framed four questions while referring Dera Sacha Sauda chief Gurmeet Ram Rahim's plea challenging Punjab Government's withdrawal of consent for CBI probe into 2015 Sacrilege Cases, in which he is an accused. The plea had also sought directions to CBI to continue with the investigation in the Sacrilege cases.

Justice Vinod S. Bhardwaj in a detailed order released today, has framed four questions for consideration of the larger bench and "to balance the equities", stayed further trial court proceeding.

OTHER DEVELOPMENTS 

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court

Title: ED v. Narinder Khillan

The Punjab & Haryana High Court made it clear that the twin condition under Section 45 of the Prevention of Money Laundering Act (PMLA), is not required to be complied with when the Court has ordered release in police custody.

According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if twin conditions are satisfied - there should be prima face satisfaction that the accused has not committed the offence and that he is not likely to commit any offence while on bail.

Court-Appointed Warrant Officer Assaulted By Punjab Police: High Court Says Lawlessness Needs To Be Curbed With Iron Hand, Seeks DGPs Response

Title: Dharmender Singh v. State

The Punjab & Haryana High Court has sought response of Punjab's DGP on allegations of assaulting a warrant officer by police officials. The warrant officer was appointed by the Court to conduct search in a habeas corpus plea.

Perusing the report submitted by the warrant officer, Justice NS Shekhawat noted that it is "apparent from the report that certain police officials, who were present there, had misbehaved and assaulted the Warrant Officer, appointed by this Court."

Extortion Calls Made From Prison: High Court Seeks Jail-Wise Data From Punjab, Haryana & Chandigarh On Seizure Of Phones

Title: COURT ON ITS OWN MOTION V/S STATE OF PUNJAB ETC.

While noting the allegations of extortion calls being made from prisons, the Punjab & Haryana High Court has sought jail-wise data from Punjab, Haryana and Chandigarh with regard to the recovery and seizure of mobile phones.

A division bench of Justice Anupinder Singh Grewal and Justice Kirti Sigh said, "It would indeed be a matter of grave concern if the inmates whether undertrials or convicts are making extortion or threatening calls from within the precincts of the jail."

Punjab & Haryana HC Sends Police Witness To Jail For Not Complying With Summons, Says Accused Can't Be Kept In Custody For Default Of Officials

Title: Veeryodh Singh v. State of Punjab

Taking stern action against the lackadaisical approach of police witnesses, the Punjab & Haryana High Court has sent a Sub Inspector (SI) to "protective custody" in jail till his examination and cross-examination were completed.

While dealing with a bail plea under the NDPS Act, the Court noted that Punjab SI Paramjeet Singh had not appeared before the trial Court as a witness despite having been summoned and served twice through bailable warrants.

High Court Seeks Status Report On Accessibility Of Judicial Complexes To Persons With Disabilities In Punjab, Haryana & Chandigarh

Title: Court on its own motion v. P&H High Court

The Punjab & Haryana High Court sought a status report from the Governments of Punjab, Haryana and U.T. Chandigarh on the accessibility of judicial complexes to persons with disabilities.

A division bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji asked the Governments whether there is compliance with the Rights of Persons with Disabilities Act, 2016 in the infrastructure of Judicial complexes in various court complexes of districts and High Court.

'File Compliance Report Or Chief Secy Must Appear': High Court Raps Haryana Govt In Contempt Plea Over Non-Promotion Of District Judges Despite HC Orders

Title: Shikha & Ors. v. Sanjeev Kaushal, Chief Secretary, Haryana & Anr.

The Punjab & Haryana High Court, took exception to the Haryana Government in a contempt plea filed by Civil Judges (Senior Division) and CJM, alleging disobedience of the High Court's directions to accept its recommendations made to promote 13 judicial officers as Additional District and Session Judges.

In December 2023, the High Court had directed the Haryana Government to give "necessary effect" to the High Court's recommendations made for the promotion of the judicial officers, within two weeks.

[Snake Venom Case] High Court Seeks Response Of Haryana Govt On Protection Plea By Animal Rights Activist Who Filed FIR Against YouTuber Elvish Yadav

Title: Saurabh Gupta & Ors v. State of Haryana & Ors.

The Punjab & Haryana High Court issued notice on a protection plea filed against YouTuber Elvish Yadav for allegedly giving life threats to the animal rights activists who recorded a viral video of Yadav and filed an FIR against him for using Snake Venom as drugs.

Yadav was recently arrested for allegedly procuring and selling snake venom at rave parties. He was reportedly booked under the Wildlife Protection Act, 1972, IPC (party to criminal conspiracy), 284 (negligent conduct related to poison that endangers human safety), and 289 (negligent conduct with respect to animals) and provisions of the NDPS Act.

Acting Chief Justice GS Sandhawalia Inaugurates Hybrid Video Conferencing Facility In Punjab & Haryana HC, District Courts & Other IT Initiatives

The Acting Chief Justice of Punjab & Haryana High Court Gurmeet Singh Sandhawalia, inaugurated four I.T. initiatives i.e. Hybrid Video Conferencing in High Court and in all District Courts in states of Punjab, Haryana and U.T. Chandigarh, free public Wi-fi in High Court premises, Inventory Management Software (IMS) for District Courts & 'Neutral Citation Phase-II (QR Code).

Farmers Protest Coverage: Haryana-Based Trust Challenges Withholding Of Social Media Accounts Allegedly On Centre's National Security Concerns

Title: Gaon Savera Trust & And. v. UOI & Ors.

A petition has been filed before the Punjab and Haryana High Court challenging the alleged withholding of 'X' and 'Youtube' accounts of a Trust and its journalist-Editor, allegedly for covering Farmers' Protest. As per the plea, the accounts were blocked on Centre's request citing national security and public order concerns.

'Gaon Savera' Trust, statedly running a news platform in the name of 'Gaon Savera' on various social media platforms and Journalist Mandeep Singh its managing Trustee moved the High Court seeking directions to 'X' and other authorities to quash the notice by which their social media accounts were blocked.

[POSH Act] P&H HC Seeks Response From Govt, Bar Council On Plea Seeking Formation Of Gender Sensitisation & Internal Complaints Committee For Lady Advocates

Title: Kanu Sharma and others v. State of Punjab and others

The Punjab & Haryana High Court has issued notice on a plea filed seeking the formation of a Gender Sensitisation and Internal Complaint Committee to redress the issue of sexual harassment of lady advocates at the Bar.

A bench of Acting Justice G.S. Sandhawalia and Justice Lapita Banerji sought a response from the State, Union Government, Bar Council of Punjab & Haryana and Punjab & Haryana High Court Bar Association.

'Can New Haryana CM Run Govt For 6 Months Without Being Elected To State Assembly?' HC Seeks Response Of Union, State In Plea Challenging Appointment Of Nayab Singh Saini

Title: Jagmohan Singh Bhatti v. Union of India & Ors.

The Punjab & Haryana High Court today asked the State and Union Government whether the newly elected Haryana Chief Minister Nayab Singh Saini can run the government without being elected as a member of the Haryana State Assembly.

A division bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji has sought a response from the State, Union Government and other authorities on a plea challenging the appointment of the new Haryana CM.

'Look Into Culpability Of Officials For Delays, Errors In Forensic Reports': High Court Tells Panel Formed To Probe Functioning Of FSL In Haryana

STATE OF HARYANA V/S VINIT YADAV

The Punjab & Haryana High Court has directed the committee formed to look into the functioning of the Forensic Science Laboratories (FSL) in Haryana to probe the culpability of officials for causing staggering delay and errors in the report in a case under NDPS Act, wherein the accused was a professional psychiatrist and accused of illegally operating a drug addiction Centre.

Observing that there repeated "alarming delays in the preparation and despatch of FSL Reports", the Court had constituteCourt had constituted a three-member committee to look into the functioning of the Forensic Science Laboratories across the States of Haryana and Punjab.