Punjab & Haryana High Court Monthly Digest: December 2025

High Court Quashes Rioting FIR Against Punjab CM Bhagwant Mann, AAP Leaders Over 2020 Protest

Title: BHAGWANT MANN AND ANOTHER v. U.T. CHANDIGARH

Citation: 2025 LiveLaw (PH) 460

The Punjab & Haryana High Court has quashed an FIR and all consequential proceedings against several Aam Aadmi Party (AAP) leaders including Punjab CM Bhagwant Mann arising from a 2020 protest in Chandigarh during Congress government, holding that no prima facie case existed against them and that the alleged offences under the IPC were not made out.

P&H High Court Disposes Of Plea Challenging BBMB Secretary Selection Criteria After It Withdraws Impugned Letters On Eligibility Criteria

Title: RAMANDEEP SINGH BAINS AND OTHERS v. BHAKRA BEAS MANAGEMENT BOARD AND OTHERS

Citation: 2025 LiveLaw (PH) 461

The Punjab & Haryana High Court has disposed of a writ petition challenging the Bhakra Beas Management Board's (BBMB) July 2025 communication inviting applications for the post of Secretary, after the respondents informed the Court that the impugned orders had been withdrawn.

Title: Vishal Kandwal v. State of Haryana and ors.

Citation: 2025 LiveLaw (PH) 462

The Punjab & Haryana High Court has come down heavily on the Haryana Shahari Vikas Pradhikaran (HSVP) for arbitrarily cancelling plot allotments made through an e-auction and refunding the entire consideration without notice, reason or any speaking order. Terming the action “unjustified, arbitrary and a clear example of mala fide”, the Court has directed restoration of allotments and imposed costs of ₹1 lakh in each petition on HSVP.

Driving Licence Valid For 30-Days After Expiry: Punjab & Haryana High Court Dismisses Insurer's Appeal Seeking Recovery Rights

Title: National Insurance Company Limited v. Satbir and Others

Citation: 2025 LiveLaw (PH) 463

The Punjab & Haryana High Court has dismissed an appeal filed by an Insurance Company challenging a 2003 award of the Motor Accident Claims Tribunal (MACT), Jind, which had fastened liability upon the insurer without granting recovery rights.

The insurer sought recovery rights on the ground that the driver of the offending vehicle did not possess a valid driving licence on the date of the accident.

Punjab & Haryana High Court Denies Anticipatory Bail To Journalist Accused In Hate Speech Case Targeting Purvanchal Community, Migrant Labours

Title: Sandeep Singh Attal @ Sandvi v. State of Punjab

Citation: 2025 LiveLaw (PH) 464

In a significant order addressing allegations of hate speech and communal provocation, the Punjab & Haryana High Court has dismissed a petition seeking anticipatory bail of a journalist accused of spreading inflammatory statements against Purvanchal Community and migrant labours.

'Traveled Beyond Its Brief': P&H High Court Stays State Human Rights Commission's Direction To Register FIR Against Police Officials

GAGANDEEP SINGH AND OTHERS VS STATE OF PUNJAB AND ORS

Citation: 2025 LiveLaw (PH) 465

The Punjab & Haryana High Court has stayed the operation of directions issued by the Punjab State & Chandigarh (UT) Human Rights Commission, observing that the Commission had “travelled beyond its brief” by ordering executive authorities to take coercive action rather than issuing mere recommendations as mandated under the Protection of Human Rights Act, 1993.

Punjab & Haryana High Court Orders ₹5 Lakh Compensation To Retrenched Worker Denied Absorption For 30 Yrs Despite SC Order

Title: Mohan Lal v. The State of Punjab and others

Citation: 2025 LiveLaw (PH) 466

The Punjab & Haryana High Court has directed the State Government to pay ₹5 lakh as lump-sum compensation to a former Earth Work Mistri of the Anandpur Sahib Hydel Project (ASHP), whose plea for absorption in government service remained unaddressed for decades despite explicit judicial directions

Punjab & Haryana High Court Dismisses Former Cabinet Minister Bikram Singh Majithia's Bail Plea

Title: Bikram Singh Majithia v. State of Punjab

Citation: 2025 LiveLaw (PH) 467

The Punjab & Haryana High Court dismissed the regular bail petition filed by a former Cabinet Minister of Punjab in a corruption case involving alleged accumulation of over ₹540 crore in disproportionate assets, holding that the accusations reveal a deep-rooted economic conspiracy, extensive money-laundering channels, and ongoing investigation with significant international financial trails.

Punjab & Haryana High Court Sentences Man To 3 Months In Jail Over Second Marriage Despite Pending Appeal Against Divorce

Title: XXX v. XXX

Citation: 2025 LiveLaw (PH) 468

The Punjab & Haryana High Court has held a husband guilty of civil contempt for contracting a second marriage during the pendency of his wife's appeal against the divorce decree—an act done despite the High Court's stay order and in violation of Section 15 of the Hindu Marriage Act, 1955.

Punjab & Haryana High Court Declines Interim Relief To DIG Who Challenged CBI Probe In Corruption Case Citing Jurisdiction

Title: HARCHARAN SINGH BHULLAR V/S UNION OF INDIA AND OTHERS

Citation: 2025 LiveLaw (PH) 469

The Punjab and Haryana High Court on Thursday declined to grant interim release to DIG Harcharan Singh Bhullar in the corruption case registered by the CBI, observing that the relief sought was virtually identical to the final adjudication of the matter.

Re-Blocking Input-Tax Credit Beyond One Year Without New Material Is Unsustainable: Punjab & Haryana High Court

Title: NB INTERNATIONAL v. COMMISSIONER, CENTRAL GOODS AND SERVICES TAX AND OTHERS

Citation: 2025 LiveLaw (PH) 470

Holding that the tax authorities cannot indefinitely freeze Input Tax Credit (ITC) by repeatedly invoking the same allegations, the Punjab & Haryana High Court has ruled that blocking ITC beyond the statutory one-year period—without any fresh material or further proceedings—is “clearly unsustainable.”

Punjab & Haryana High Court Upholds One-Year Service Requirement For PCMS Doctors Seeking PG Admission

Title: Dr. Janvi v. State of Punjab

Citation: 2025 LiveLaw (PH) 471

The Punjab & Haryana High Court has dismissed a writ petition challenging the Punjab Government's circular, which mandates that Punjab Civil Medical Services (PCMS) doctors must complete at least one year of service before being permitted to pursue postgraduate (PG) medical courses under the non-incentive category.

Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said, "Though we find substance in the contention of the petitioner that ultimate oblect is to equip the department with better doctors but] considerations like rendering service to the department for some period cannot be said to be wholly without an purpose or irrational. It otherwise remains in the realm of policy of the State to require a minimum length of service and as we find that such policy cannot be termed to be irrational, we would not be justified in interfering with it only because a different view could be taken in the matter."

Title: kamlesh Rani v. Sanjeev

Citation: 2025 LiveLaw (PH) 472

The Punjab & Haryana High Court has imposed exemplary costs of ₹2,00,000 on a tenant for wilful and deliberate disobedience of its earlier order directing him to hand over vacant possession of the disputed property to the landlord by 30 April 2023.

Despite having furnished a categorical undertaking before the Court, the tenant vacated the premises only on 5 September 2025, nearly two years after the deadline.

Zila Parishad Polls | P&H High Court Declines To Interfere With Refusal To Verify Candidate's NOC; Says Challenge Barred Under Article 243-O

Title: GURSEWAK SINGH v. STATE OF PUNJAB AND OTHERS

Citation: 2025 LiveLaw (PH) 473

The Punjab & Haryana High Court has declined to interfere in a writ petition filed by a candidate for the Zila Parishad and Panchayat Samiti elections in Punjab, challenging the Halka Patwari's refusal to verify the No Objection Certificate (NOC) required for filing his nomination.

Article 243-O of the Constitution bars courts from interfering in Panchayat (local village government) elections and electoral processes, meaning disputes about delimitation (constituency drawing) or the results themselves must follow specific election petitions to designated authorities, not High Courts or the Supreme Court directly, safeguarding the autonomy of grassroots democracy.

UAPA| Punjab & Haryana High Court Dismisses Bail In Terror Funding Case Involving Cross-Border Syndicate

Title: GURMEJ SINGH v. UNION OF INDIA AND ANOTHER

Citation: 2025 LiveLaw (PH) 474

The Punjab & Haryana High Court has dismissed two appeals filed by accused persons challenging the rejection of their second bail applications, in a major narco-terror case involving cross-border smuggling of heroin, weapons, explosives and alleged terror-funding linked with Pakistan-based handlers, including designated terrorist Lakhbir Singh Rode.

A bench of Justice Gurvinder Singh Gill and Justice Ramesh Kumari said, "Facts of this case it reveals that money received from sale of narcotic substance smuggled from across the border is used for terror funding and the accused-appellants are actively involved in India for terror funding at the behest of their masters who are working from across the border i.e. in Pakistan. The consignments of arms and ammunition, currency notes and narcotic substances i.e. Heroine is delivered from across the border."

2015 Sacrilege Incident | P&H High Court Refuses To Quash FIR Against Ex-MLA, Says Bar U/S 195 CrPC Only Arises At Cognisance Stage

Title: Daljit Singh Grewal alias Bhola and others v. State of Punjab and others

Citation: 2025 LiveLaw (PH) 475

The Punjab & Haryana High Court has declined to quash 2015 FIR, registered against former MLA Simarjeet Singh Bains and others, arising out of a protest related to the 2015 Bargari sacrilege incident.

Section 195 CrPC prevents courts from taking cognizance for specific offenses, primarily those against public justice (like perjury, forgery in court) or contempt of lawful authority (like obstructing public servants), unless a complaint is filed by the public servant or court involved, to prevent frivolous private prosecutions and maintain judicial integrity.

Financial Constraints No Grounds To Deny Medical Reimbursement To Retd Employees: Punjab & Haryana High Court

Title: Gurcharan Dass and others v. State of Haryana and others

Citation: 2025 LiveLaw (PH) 476

The Punjab & Haryana High Court has held that the Haryana Police Housing Corporation cannot deny medical reimbursement to its retired employees on the ground of financial constraints, quashing two orders that had denied the benefit to former staff members. The Court reiterated that once medical reimbursement is part of the service conditions, retired employees cannot be placed in a disadvantaged class vis-à-vis serving employees.

'Right To Housing Is Fundamental Right': P&H High Court Sets Aside Rejection Of Jhuggi Dwellers' Claims Under Small Flats Scheme

Title: Rajesh Kumar Giri and others v. Union of India and others

Citation: 2025 LiveLaw (PH) 477

The Punjab & Haryana High Court has quashed an order of the Chandigarh Housing Board (CHB) rejecting the claims of a group of jhuggi dwellers for allotment of flats under the Chandigarh Small Flats Scheme, 2006, holding that the decision was taken in violation of the principles of natural justice.

Justice Anupinder Singh Grewal and Justice Mandeep Pannu said, "It is manifest that the claim of the petitioners, who are jhuggi dwellers, was under consideration for allotment of flat under the 2006 Scheme but the same has been rejected without issuance of any notice or granting an opportunity of hearing to them. It is trite that the right to housing is a fundamental right under Article 21 of the Constitution of India and the petitioners being jhuggi dwellers have every right to be considered for allotment of a flat under the 2006 Scheme."

P&H High Court Allows PSU's Claim For RD Sale Deduction, Says Benefit Cannot Be Denied Based On Stolen But Genuine ST-15 Forms

Title: MMTC LTD. v. STATEOF HARYANAANDORS.

Citation: 2025 LiveLaw (PH) 478

In a significant relief to a Government of India Public Sector Undertaking (PSU), the Punjab & Haryana High Court has set aside orders passed by the Assessing Authority and the Haryana Tax Tribunal disallowing Recurring Deposit sale deduction on the basis that the ST-15 forms furnished by purchasing dealers were stolen or not backed by renewed registration.

A bench of Justice Jagmohan Bansal and Justice Amarinder Singh Grewal noted, "It is undisputed that forms were genuine though stolen. Had forms been forged or fabricated, the situation could be different. The petitioner had no source to verify genuineness of the certificates. Even otherwise it was not responsibility of the petitioner, as per statutory provisions, to verify genuineness of certificates. The petitioner was not party to theft. If petitioner is denied benefit of aforesaid forms, it would be punishment to petitioner without its fault."

SARFAESI Act | Secured Creditors To Get Priority After Enactment Of S.26E: Punjab & Haryana High Court

Title: STATE BANK OF INDIA v. SUB REGISTRAR, SUB TEHSIL NIGHDU KARNAL AND OTHERS

Citation: 2025 LiveLaw (PH) 479

Observing that post-notification of Section 26E of the SARFAESI Act on 24.01.2020, debts due to secured creditors must be accorded statutory priority over all other dues, the Punjab & Haryana High Court has clarified that in all cases where the charge was created after the said date, secured creditors will rank above State revenue claims.

The Court noted that numerous litigations are pending on this issue and expressly reaffirmed the legal position before parting with the judgment.

Punjab & Haryana High Court Orders Regularisation Of Sewer Helper, Says Withdrawal Of Policy Cannot Defeat Accrued Rights

Title: KRISHNA DEVI v. STATE OF HARYANA AND ORS

Citation: 2025 LiveLaw (PH) 480

The Punjab and Haryana High Court has directed the Haryana Government to regularise the services of a woman Sewer Helper who had been engaged on daily-wage basis since 1997, holding that her right under the 2003–2004 Regularisation Policies had crystallised long before the State withdrew those schemes.

Observing that "This Court cannot remain impervious to the prolonged hardship, indignity, and uncertainty endured by this vulnerable segment of the workforce. Though no measure can truly compensate for the years lost, justice demands at least a meaningful redress", it directed the authorities to confer regular status within one month, along with all consequential benefits and arrears with 6% interest.

Bail Granted By Magistrate Related To Accused Vitiated By Bias-in-Law: Punjab & Haryana High Court Cancels Order But Gives Interim Relief

Title: Akash Walia v. State of Haryana and another

Citation: 2025 LiveLaw (PH) 481

The Punjab & Haryana High Court has quashed a Judicial Magistrate's order granting regular bail to an accused in an intimidation case after finding that the Magistrate and the accused were related—though distantly—holding that such consanguinity created a “real likelihood of bias” sufficient to vitiate the order.

Justice Sumeet Goel, said "A fact that cannot be lost sight of is that a Judge/Magistrate may possess remote or highly attenuated collateral consanguinity with a litigant, the existence of which may remain genuinely unknown to the concerned Judge/Magistrate. Notwithstanding this bona fide ignorance, the threshold for evaluating the potential existence of perception of biasness/prejudice is the objective standard of the reasonably informed and prudent person."

P&H High Court Refuses To Quash Cruelty FIR, Says Allegations Against Mother-In-Law Who Died 23 Yrs Ago Appear To Be Typographical Error

Title: Mohd. Arif and others v. State of Haryana and another

Citation: 2025 LiveLaw (PH) 482

The Punjab & Haryana High Court has dismissed a plea seeking quashing of a cruelty FIR observing that the alleged reference to a deceased mother-in-law in the complaint appeared to be a typographical error and could not, by itself, justify quashing of criminal proceedings. In FIR it was alleged that the mother in law of the complainant who had already passed away 23 years ago used to harass her for dowry.

Title: Parkash Singh Marwah v. State of UT Chandigarh & Ors.

Citation: 2025 LiveLaw (PH) 483

The Punjab and Haryana High Court has dismissed a petition seeking quashing of an FIR registered against an advocate who was accused of impersonating a Judicial Magistrate and obstructing police officials during a traffic check in Chandigarh.

Title: BHIM SINGH v. STATE OF HARYANA AND ORS

Citation: 2025 LiveLaw (PH) 484

Emphasising that the right to be free from disability-based discrimination, as enshrined in the Rights of Persons with Disabilities Act, 2016, must be regarded with the same seriousness and protection as a fundamental right—ensuring that no employee is excluded from consideration solely on the basis of disability—the Punjab and Haryana High Court directed the Haryana Government to grant retrospective promotions with consequential benefits to a visually impaired Forest Department employee under the statutory disability quota.

Title: Pawan Kumar v. State of U.T. Chandigarh

Citation: 2025 LiveLaw (PH) 485

While the Punjab & Haryana Hig Court affirmed the findings of guilt recorded by the Trial Court and the Appellate Court against a Truck Driver for rash and negligent driving, it modified the order on sentence, reducing the substantive imprisonment to the period already undergone, considering long passage of time and mitigating circumstances.

Justice Vinod S. Bhardwaj said, "I find that the protracted criminal trial and the consequent agony faced by the petitioner, the actual sentence, out of total sentence, already undergone by the petitioner, the reformative tendency shown by the petitioner by not indulging in any other offence as well as the legal principles reproduced above are sufficient mitigating circumstances to reduce the quantum of sentence awarded to the petitioner."

Superdari Bond For Seized Vehicle Having Ancillary Role In Offence Is To Ensure Production, Can't Be Indemnity For Market Value: P&H High Court

Title: Ashok Kumar Yadav v. Central Bureau of Investigation, Chandigarh

Citation: 2025 LiveLaw (PH) 486

The Punjab & Haryana High Court has said that when a seized vehicle has played only an ancillary or incidental role in the alleged offence, the conditions imposed for its release on superdari must be carefully calibrated and cannot be punitive in nature.

Emphasising the principle of proportionality, the Court held that the primary purpose of a superdari bond is merely to secure the production of the property before the Court as and when required, and not to operate as an indemnity equivalent to the vehicle's full market value.

Wife Must Use 10% Of Maintenance Amount For Skill Development To Become Financially Independent: Punjab & Haryana High Court

Title: XXXX v. XXXX

Citation: 2025 LiveLaw (PH) 487

While refusing to enhance maintenance granted to a wife, the Punjab & Haryana High Court directed her to use 10% of the maintenance being received by her for skill development. The bench reasoned that object of maintenance is not limited to mere subsistence but extends to enabling long-term dignity and self-reliance.

Justice Alok Jain said, "the petitioner is required to enhance her capabilities and stature in life so as to become self-reliant, only then it would reflect that the true intent of the maintenance legislation has been fulfilled and the maintenance awarded is being utilized in its correct perspective. Therefore, this Court considered it appropriate to direct the petitioner, that out of the maintenance amount of Rs. 15,000/- awarded to her, she must utilize at least 10% thereof, for improving her vocational skills."

'Try In Next Session': Punjab & Haryana High Court Tells Jailed MP Amritpal Singh As His Plea To Attend Parliament Becomes 'Infructuous'

Title: Amritpal Singh v. Union of India & Others

Citation: 2025 LiveLaw (PH) 488

The Punjab & Haryana High Court today said that the plea filed by MP Amritpal Singh seeking parole to attend the ongoing Winter Session of Parliament has become “virtually infructuous”, as tomorrow is the last day of the session and the arguments could not be completed in time due to abstention from work by lawyers.

Amritpal Singh, a sitting Member of Parliament, had approached the High Court challenging State's refusal to grant him parole to attend the Parliament.

Municipal Corporations Not Entitled To Unconditional Stay U/S 36 A&C Act; Treated At Par With Private Parties: P&H High Court

Title: Municipal Corporation, Jalandhar v. M/s JITF Urban Waste Management

Citation: 2025 LiveLaw (PH) 489

The Punjab and Haryana High Court Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry has observed that being a statutory body does not entitle a party to claim unconditional grant of stay under Section 36, Arbitration and Conciliation Act (“ACA”) as a matter of right. And if a conditional stay is granted, a statutory body is to be treated at par with a private party.

Passport Also Means Of Identification, Bail Condition To Deposit It Can't Be Imposed Routinely: Punjab & Haryana High Court