LiveLaw Punjab & Haryana High Court Weekly Round-Up: July 27 - August 02, 2026
Nominal Index [Citation 243 - 248]Court On Its Own Motion v. State of Punjab and others 2026 LiveLaw (PH) 243Braham Dutt and others v. State of Haryana 2026 LiveLaw (PH) 244Jyoti Devi v. State of Haryana and another 2026 LiveLaw (PH) 245Vikas Kumar v. Central Bureau of Investigation 2026 LiveLaw (PH) 246Kulvir Singh @ Kulbir Singh and another v. State of Punjab and another 2026 LiveLaw (PH)...
Nominal Index [Citation 243 - 248]
Court On Its Own Motion v. State of Punjab and others 2026 LiveLaw (PH) 243
Braham Dutt and others v. State of Haryana 2026 LiveLaw (PH) 244
Jyoti Devi v. State of Haryana and another 2026 LiveLaw (PH) 245
Vikas Kumar v. Central Bureau of Investigation 2026 LiveLaw (PH) 246
Kulvir Singh @ Kulbir Singh and another v. State of Punjab and another 2026 LiveLaw (PH) 247
Arun Kumar v. State of Punjab and others 2026 LiveLaw (PH) 248
Reports
Title: Court On Its Own Motion v. State of Punjab and others
Citation: 2026 LiveLaw (PH) 243
The Punjab and Haryana High Court has disposed of a suo moto PIL concerning the disappearance of girls in Ludhiana within a span of 48 hours, after the Deputy Commissioner, Ludhiana, filed a status report indicating that eight of the missing girls had already been traced and handed over to their families, with efforts continuing to trace the remaining two.
Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said, "The Deputy Commissioner, Ludhiana, has filed a status report, as per which, eight out of in fact 10 girls, have already been traced and their custody have been handed over to their family. About two girls, efforts are being made to trace them out. The Officers of the Police Department are also present, who state that all efforts would be made to ensure that the two remaining girls are also traced."
Title: Braham Dutt and others v. State of Haryana
Citation: 2026 LiveLaw (PH) 244
The Punjab and Haryana High Court has acquitted two persons nearly 20 years after the murder of a woman and her 11-year-old son, holding that the prosecution failed to establish a complete chain of circumstances beyond reasonable doubt and that the "last seen" theory, without corroborative evidence, could not sustain their conviction.
Justice Rajesh Bhardwaj and Justice Deepak Manchanda said, "we are of the considered opinion that the prosecution has failed to establish its case against the appellants beyond reasonable doubt. Consequently, the appellants are entitled to the benefit of doubt. Accordingly, the present appeal is allowed."
Title: Jyoti Devi v. State of Haryana and another
Citation: 2026 LiveLaw (PH) 245
The Punjab and Haryana High Court has upheld a trial court's order discharging an accused of offences under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, holding that caste-related abuse allegedly hurled over a telephone call could not be said to have occurred in a "place within public view" as required to attract these provisions.
Title: Vikas Kumar v. Central Bureau of Investigation
Citation: 2026 LiveLaw (PH) 246
The Punjab and Haryana High denied regular bail to a practising advocate accused of colluding with co-accused persons to legitimize forged trust documents and manipulating court proceedings.
Justice Manisha Batra observed, "Being an Advocate by profession, he is presumed to be well-aware about the consequences of the actions done by him, by manipulation of the legal proceedings, obviously with intent to influence judicial outcome to the detriment of the complainant-Trust. Taking into consideration the nature of the subject offences, the active role attributed to the petitioner and the attendant facts and circumstances, this Court is of the considered opinion that the petitioner does not deserve to be extended benefit of bail. Accordingly, finding no compelling ground to allow the present petition, the same is dismissed."
Title: Kulvir Singh @ Kulbir Singh and another v. State of Punjab and another
Citation: 2026 LiveLaw (PH) 247
The Punjab and Haryana High Court has quashed proceedings under Section 306 IPC against two accused named in a suicide note left behind by a family of four, holding that persistent demands for repayment of a loan, even accompanied by allegations of harassment, do not by themselves satisfy the ingredients of abetment of suicide in the absence of any overt act of instigation proximate to the occurrence.
Title: Arun Kumar v. State of Punjab and others
Citation: 2026 LiveLaw (PH) 248
The Punjab and Haryana High Court dismissed two pleas challenging disciplinary proceedings and a consequent penalty imposed on a Section Officer of the Punjab State Planning Board for failing to comply with the directions of a Public Information Officer (PIO) under the Right to Information Act, 2005.
It rejected the contention that the RTI Act's own statutory mechanism precluded resort to disciplinary action under the applicable service rules.
Other Developments
The Punjab & Haryana High Court today orally said that right to peaceful protest is a fundamental right but lawyers protesting over Legal Aid Defence Counsel Scheme (LADC) cannot block access to justice.
Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor orally observed, “Access to justice cannot be blocked, peaceful protest doesn't mean you will deny the litigant to access court for 27 days.”
Justice Mishra said he understands the Bar's concern stating that, “I have also come from that side (bar)…being a judge is a temporary adoption, we always remain as a lawyer.” Referring to LADC scheme the Court said it is a National Legal Services Authority initiative and judiciary has a limited role.
P&H High Court Calls On Lawyers To Reconsider Strike Against Legal Aid Defence Counsel Scheme
Title: ARVIND SETH V/S STATE OF PUNJAB AND OTHERS
The Punjab and Haryana High Court has urged members of the Bar to reconsider their decision to go on strike in protest against the implementation of the Legal Aid Defence Counsel Scheme, emphasising that such actions disrupt access to justice.
These observations were made while hearing a Public Interest Litigation alleging denial of access to justice to litigants across Punjab on account of the ongoing strike by lawyers protesting against the Legal Aid LADC Scheme.
The Punjab and Haryana High Court's Registrar General has issued a set of recommendations aimed at ensuring better transparency and effective enforcement of the Legal Aid Defense Counsel System, directing that these be circulated among Judicial Officers and Secretaries of the District Legal Services Authorities across Punjab, Haryana and Chandigarh.
National Legal Services Authority (NALSA) had introduced the LADC scheme, which envisages an institutional mechanism for providing legal representation to persons entitled to legal aid. The scheme did not sink well several bar associations in Punjab, which contend that it adversely affects opportunities available to practising advocates under the earlier panel counsel system.
The Punjab & Haryana High Court Bar Association has called upon the Bar Council of Punjab and Haryana to suspend the licenses of LADC counsel functioning across the State of Punjab, Haryana, and Chandigarh.
The Association also resolved to suspend work in the Punjab and Haryana High Court with immediate effect, in support of the stir launched by the Joint Action Committee of the Bar Associations of Punjab, Haryana, and Chandigarh against the implementation of the LADC Policy.