Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024

Nominal Index [Citations 143 - 152]

Neeraj Bhardhwaj v. State of Haryana & Ors. 2024 LiveLaw (PH) 143

The Bathinda Central Cooperative Bank Employees Union (Regd.), Bathinda vs. Election Commission of India and others Citation: 2024 LiveLaw (PH) 144

Sushil Kumar @ Sushil Yadav & Anr v. State of Haryana & Anr 2024 LiveLaw (PH) 145

Gopal Krishan vs State of Punjab and Others Citation: 2024 LiveLaw (PH) 146

 XXX v. XXX Citation: 2024 LiveLaw (PH) 147

Mahinder Kumar v. State of Haryana and others Citation: 2024 LiveLaw (PH) 148

XXX v XXX Citation: 2024 LiveLaw (PH) 149

Reeta Devi v. State of Punjab & ors. Citation: 2024 LiveLaw (PH) 150

Bhupinder Singh Hooda v. State of Haryana and others Citation: 2024 LiveLaw (PH) 151

Vijender v. State of Haryana Citation: 2024 LiveLaw (PH) 152

Reports

'Can Only Imagine Plight Of Students Being Taught By Unqualified Persons': Punjab & Haryana HC Calls For Action Against Profs Without Minimum UGC Qualifications

Title: NEERAJ BHARDWAJ ALIAS NEERAJ v. STATE OF HARYANA AND OTHERS

Citation: 2024 LiveLaw (PH) 143

Observing that "teaching in a college is a responsible job", the Punjab & Haryana High Court has directed the Haryana Government to take steps to relieve professors who are teaching without possessing the minimum qualification prescribed by the University Grants Commission (UGC).

A division bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "If persons do not possess minimum qualification laid down by the UGC i.e. NET/Ph.D., one can only imagine the plight of the students who are being taught by such unqualified persons. Those candidates who have been appointed under the earlier Policies by the various Colleges and have not even acquired the minimum qualifications uptill now, cannot be allowed to be continued."

Punjab & Haryana HC Declines Interim Relief To Bank Opposing Election Duty Of Its Employees, Says It's Imperative To Uphold Democracy

Title: The Bathinda Central Cooperative Bank Employees Union (Regd.), Bathinda vs. Election Commission of India and others

Citation: 2024 LiveLaw (PH) 144

The Punjab and Haryana High Court has refused to grant interim relief to a cooperative bank which has challenged Election Commission's order requiring its employee for election duty. Justice Aman Chaudhary said,

"Engaging in election duty is akin to fulfilling a solemn duty that each citizen owes towards the nation, analogous to participating in a festival celebrating the democratic principles upon which our society is founded. Serving in election duties ensures the smooth functioning of the electoral process, safeguarding the fundamental right of every citizen to choose their representatives."

Taking Creditors As Abettor When Person Commits Suicide Due To Pressure Of Debt May Harm Legitimate Interest Of Those Reasonably Asking For Money: P&H High Court

Title: SUSHIL KUMAR @ SUSHIL YADAV & ANOTHER v. STATE OF HARYANA & ANOTHER

Citation: 2024 LiveLaw (PH) 145

The Punjab & Haryana High Court has quashed an FIR lodged for abetment to suicide against a man who was allegedly "pressuring" the deceased to return the money lent.

While setting aside the FIR, Justice Jasjit Singh Bedi said, "Where a person succumbs to the pressure of his debt and the creditor is taken as an abettor to his suicide simplicitor, the legitimate interest of a person asking for his own money in a reasonable manner would be harmed in every such case."

Workman Must Not Be Punished For Devoting Time Before Wrong Forum Based On Misconception Or Ill-Advice: Punjab And Haryana High Court

Case Title: Gopal Krishan vs State of Punjab and Others

Citation: 2024 LiveLaw (PH) 146

The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth held that the workman's withdrawal of the civil suit implied permission to pursue a remedy under labour law. The bench noted that the Industrial Tribunal refused to grant relief to the Workman based on the fact that he pursued the same matter in a civil court earlier.

The High Court held that time spent in proceedings before the civil court would not count towards the period of limitation. Further, the workman should not be punished for devoting his time before the wrong forum as usually it is based on some misconception or ill-advise.

Expecting Husband To Leave Elderly Mother, Sister With Unsound Mind Unattended Amounts To Cruelty: Punjab & Haryana High Court Upholds Divorce

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 147

The Punjab & Haryana High Court has dismissed a wife's plea challenging the divorce order granted to the couple under the Hindu Marriage Act, observing that expecting her husband to leave his aged mother of around 75 years, and his sister of unsound mind unattended, amounted to "cruelty."

Pension Falls Within Constitutional Right To Property, Non-Availability Of Document Cannot Be Grounds For Denial: Punjab & Haryana High Court

Mahinder Kumar v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 148

The Punjab & Haryana High Court has made it clear that "non-availability of some documents cannot become the ground" for depriving an employee of his pension.

Justice Jasgurpreet Singh Puri opined that "merely because of the inter departmental communication and non-availability of some documents cannot become a ground for depriving of an employee of his pension. Pension is a Constitutional Right of Property under Article 300-A of the Constitution of India. No employee can be deprived of his right to property except with the authority of law."

Not Appropriate To Grant Pre-Arrest Bail In Sextortion Cases, May Impede Investigation: Punjab & Haryana High Court

Title: XXX v XXX

Citation: 2024 LiveLaw (PH) 149

The Punjab and Haryana High Court has observed that it is not appropriate to grant pre-arrest bail in case involving allegations of “sextortion”. Sextortion involves exploitation of intimate images and videos to extort money or favours from victims.

Justice Sumeet Goel said, “It goes without saying that in a case where the allegations are of sextortion, as are in the present case, it is not appropriate to grant anticipatory bail, as it would necessarily cause impediment in effective investigation.”

Firing Outside Salman Khan's House: Punjab & Haryana HC Directs Second Post-Mortem Of Accused Who Died In Police Custody

Title: Reeta Devi v. State of Punjab & ors.

Citation: 2024 LiveLaw (PH) 150

The Punjab & Haryana High Court today, has directed the Punjab Government to conduct a "second postmortem" of the accused in the firing outside Salman Khan's house case, who is alleged to have committed suicide in Mumbai police's lock-up.

Govt Can Take Decision For Continuation Of Commission Probing Gurugam Land Scam Involving Former Haryana CM Bhupinder Singh Hooda: High Court

Bhupinder Singh Hooda v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 155

The Punjab & Haryana High Court has made it clear that the State Government shall be at liberty to take a decision for continuation of the Commission constituted to probe Gurugram land deal scam involving former Haryana CM Bhupinder Singh Hooda.

'Con Can't Seek Bail Due To Victim's Stupidity': Punjab & Haryana High Court Denies Bail To Accused In Immigration Fraud Case

Title: Vijender v. State of Haryana

Citation: 2024 LiveLaw (PH) 156

The Punjab & Haryana High Court has rejected bail of a man accused of cheating by taking money for assurance of visa and work permit at abroad to complainant's children, observing that the way he has defrauded gullible complainant "points towards the dangerous trend of the revival of thugee."

Other Development

Give List Of Songs Glorifying Weapons So That Action Can Be Taken: High Court To Punjab Govt

Title: GURBHEJ SINGH ALIAS BHEJA VERSUS STATE OF PUNJAB

The Punjab & Haryana High Court took a stern stand on the glorification of weapons in songs in Punjab and asked the government to provide a list of such songs so that action can be taken against them.

State Has Facilitated NSA Detainee Amritpal Singh To File Nomination For Lok Sabha Elections: Punjab Govt To High Court

Case: Amritpal Singh v. State of Punjab

The Punjab Government submitted before the Punjab & Haryana High Court that the state has facilitated Amritpal Singh, who is currently detained under the National Security Act (NSA), to file his nomination for the upcoming Lok Sabha elections.

Considering that the prayers made in the petition had already been complied with, Justice Vinod S. Bhardwaj said that the petition would be "infructuous".

Custodial Death, Encounter Killings In Punjab During 1984-1995: Decades-Old Incidents With No Eye-Witness, Initiation Of Investigation Not Feasible: CBI To High Court

Title: Punjab Documentation And Advocate Project (PDAP) & Others v. State of Punjab & Ors.

The Central Bureau of Investigation (CBI) has submitted today before the Punjab & Haryana High Court that investigation into the alleged 6,733 encounter killings, custodial death and illegal cremation of dead bodies in Punjab during the period of 1984-1995 is "not feasible" and will be a futile exercise.

State's Duty To Provide Alternative Route For Sand Transport: Punjab & Haryana HC On Plea Flagging Plight Of Residents Stuck In Traffic Due To Movement Of Heavy Vehicles

Charanjit Singh v. Union of India and others

The Punjab & Haryana High Court has said that "prima-facie it is the duty of the State to provide an alternative route to the traffic which is engaged in the business of transporting."

Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji were hearing the plea filed by the residents of Punjab's village near a mining site in Ludhiana, who alleged that villagers are facing "serious multifold health hazard on account of passing through the heavy-overloaded vehicular traffic carrying sand of the respondent No.9 (Tirupati Earth And Project Works Private Limited)."

Punjab & Haryana HC Stays FIR Against Youth Congress Leader Contesting Lok Sabha Polls Against Ex-CM Manohar Lal Khattar, Issues Notice On Plea For Quashing

Case: Divyanshu Budhiraja v. State of Haryana

The Punjab & Haryana High Court, has issued notice on plea filed by Youth Congress leader Divyanshu Budhiraja, seeking quashing of a case registered against him for his alleged failure to appear before the trial court in a criminal case. Budhiraja, is contesting from Haryana's Karnal Lok Sabha seat against former Chief Minister ML Khattar.

General Elections: High Court Seeks Response From Punjab's Chief Electoral Officer On Plea Against "Blanket Order" For Surrender Of Licensed Arms

Title: Gurpreet Singh v. State of Punjab & Ors.

The Punjab and Haryana High Court has sought response from the Punjab Government authorities and State's Chief Electoral Officer on a PIL challenging alleged blanket order passed by the local police to deposit fire arms owned by licence holders during elections.

The bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji issued notice to the Punjab Government, State Chief Electoral Officer, Director General of Police Punjab, The Barnala Deputy Commissioner, SSP Barnala and SHO.

Punjab And Haryana High Court Stays CBIC-Circular Concerning Taxability Of Corporate Guarantees

The Punjab and Haryana High Court has stayed the circular issued by the Central Board of Indirect Taxes and Customs (CBIC) concerning the taxability of corporate guarantees.

The bench of Justice Sanjeev Prakash Sharma and Justice Sukhvinder Kaur,while issuing the notice, stayed CBIC Circular dated October 27, 2023, to the extent that it clarifies that the provision of corporate guarantee (CG) between related persons, even when made without any consideration, is to be treated as a supply of service between related parties as per the provisions of Schedule I of the CGST Act, 2017.

Firing Outside Salman Khan's House: Plea By Accused's Mother In Punjab & Haryana HC Seeks CBI Probe Into Accused's Custodial Death

Title: Reeta Devi v. UOI & Ors.

The mother of the accused in the firing outside Salman Khan's house case, who is alleged to have committed suicide in Mumbai police's lock-up has moved the Punjab & Haryana High Court seeking a CBI probe into the alleged custodial death and for re-conduct of post-mortem.

'Impermissible': High Court Seeks Haryana & Chandigarh DGPs Response On Police Inquiries Without FIR When No Cognizable Offence Made Out

Title: Surinder Kumar & Ors. v. State of Punjab & Ors.

The Punjab and Haryana High Court has sought district wise details from DGP Haryana and Chandigarh pertaining to enquiries conducted by various police officers in each complaint without registration of FIR.

Justice NS Shekhawat noted, "in the State of Haryana as well as Union Territory of Chandigarh also; in several cases, multiple inquiries are being conducted, without registration of the FIR. Even if the information provided by the complainant does not disclose commission of cognizable offence, still the police officials continue to hold enquiries at different levels, which is impermissible in law."

'Pathetic, Jails Have To Be Livable': High Court Directs Punjab Govt To Carry Out Maintenance Works In Pathankot Sub-Jail Washrooms

Court on its own motion Versus State of Punjab and others

Taking note of inspection report wherein washrooms in Pathankot's sub-jail were found to be in "pathetic condition", the Punjab & Haryana High Court has directed Punjab Government and the Additional Director General of Police (Prisons), to ensure that the maintenance work is carried out before the ensuing monsoon season.

Submit Details Of Songs Banned For Promoting Glorification Of Weapons In Punjab: High Court To DGP

GURBHEJ SINGH ALIAS BHEJA VERSUS STATE OF PUNJAB

The Punjab & Haryana High Court has sought comprehensive affidavits from Punjab Government on details of songs that have been banned or recommended for ban for promoting glorification of weapons and violence.

Justice Harkesh Manuja also sought information on, "What is the procedure adopted to achieve the same specifically taking into consideration the Article 19 of the Constitution of India and also that there are various mode for broadcasting a song like TV/internet/public functions/live shows etc?"

 Plea For Separate Wards, Toilets In Prisons & Police Lock-Up For Transgenders: High Court Seeks Response From Punjab, Haryana & Union Govts

Title: Sunpreet Singh vs. UOI and others

The Punjab & Haryana High Court has sought response from the Governments of Punjab, Haryana and Union on Public Interest Litigation (PIL) filed seeking directions to make separate cells, toilets for Transgender Persons in Prisons and police lock up.