Punjab & Haryana High Court Issues Guidelines To Check Unnecessary Arrests; Non-Compliance Will Lead To Departmental Enquiry, Contempt Action

The Punjab & Haryana High Court has issued guidelines in compliance with the Supreme Court directions in Md. Asfak Alam v. State of Jharkhand & Anr. to ensure that police officers do not make unnecessary arrests and that Magistrates do not casually or mechanically authorize detentions.“The following guidelines are framed by the High Court of Punjab and Haryana at Chandigarh...

High Court Grants Anticipatory Bail To Punjab's Former Deputy CM Sukhbir Singh Badal, Ex-DGP & Others In Kotkapura Firing Case

The Punjab and Haryana High Court today granted anticipatory bail to SAD chief and former Deputy Chief Minister of Punjab Sukhbir Singh Badal accused of conspiring "unprovoked firing" upon peaceful protestors at Katkapura and Behbal Kalan in 2015. The incident followed multiple sacrilege episodes in certain areas of Punjab.Justice Anoop Chitkara also granted relief to former DGP Sumedh...

NDPS Act | Twin Conditions For Bail U/S 37 Cannot Be Satisfied When There Are Multiple FIRs Against Accused: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that when there are multiple FIRs against an accused then twin conditions as envisaged under Section 37 of the NDPS Act - one being that accused is not guilty and he is not likely to commit an offence while on bail - cannot be satisfied.Justice Jasjit Singh Bedi said,"When there are multiple FIRs against an accused over a significant...

Man Occupies Deceased Father's Govt Accommodation For 17 Yrs Based On Punjab & Haryana HC's Interim Order, Asked To Pay 5 Lakh Compensation

In a peculiar case where a deceased government employee's son continued to occupy his father's government accommodation for a period of 17 years on the strength of an interim order passed by the Punjab and Haryana High Court back in 2006, the son has now been asked to compensate the State government in lieu of penal rent.The son was though appointed as a clerk on compassionate basis and...

Brunt Of Married Man's "Illicit Relationship" With Another Woman Falls On His Wife, Children: Punjab & Haryana High Court Imposes Cost

The Punjab and Haryana High Court recently expressed reservations over a married man living with a divorced woman, stating that the brunt of their "illicit relationship" had befallen on the man's wife and children.It dismissed the couple's protection plea against the man's wife stating that it's a mere "cover up" and directed them to pay cost of Rs. 25,000 to the wife.The couple alleged that...

Girl Being Minor Not Reason To Deny Protection: High Court Directs Chandigarh SSP To Consider Live-In Couple's Plea

The Punjab and Haryana High Court has granted relief to a live-in couple, the girl being a minor, seeking protection from alleged threats of the girl's family. Court said it wouldn't comment upon the legality of the relationship but,"Mere fact that the petitioners are not of marriageable age or that petitioner No.2 is still a minor, would not deprive the petitioners of their fundamental...

Disproportionate Assets: High Court Grants Interim Bail To Former Punjab Police AIG Ashish Kapoor, Directs Him To Declare Assets

The Punjab and Haryana High Court has granted interim bail to former Punjab Police AIG Ashish Kapoor in a disproportionate assets case launched against him this year. Kapoor is accused in multiple FIRs including custodial rape, torture and extortion charges. However, Justice Anoop Chitkara said that his previous criminal history is not being considered strictly at this stage as a factor...

Centre Notifies Appointment Of 11 Additional Judges Of Punjab & Haryana High Court As Permanent Judges

The Central government today notified the appointments of following 11 Additional Judges of the Punjab and Haryana High Court as Permanent Judges.(i) Justice Nidhi Gupta(ii ) Justice Sanjay Vashisth(iii) Justice Tribhuvan Dahiya(iv) Justice Namit Kumar(v) Justice Harkesh Manuja(vi) Justice Aman Chaudhary (vii) Justice Naresh Singh @ Naresh Singh Shekhawat, (viii)...

Pedantic Interpretation Of Policy To Deny Paddy Allotment To Millers Violative Of Fundamental Right To Trade: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that not allocating paddy to a miller for no fault of his is a violation of the fundamental right of business and trade guaranteed by Article 19 (1)(g) and a violation of Articles 14 and 21 of the Constitution. Justice Jagmohan Bansal added that a policy cannot be read as per whims and caprices of officials who "seem more interested in the...

Lawyer's Custodial Torture: Punjab & Haryana High Court Bar Association To Abstain From Work Till Friday

The Punjab & Haryana High Court Bar Association (HCBA) has decided to abstain from work till Friday to express solidarity with the lawyer who was allegedly sexually assaulted and tortured in police custody in District Mukstar Sahib.In a general house meeting yesterday, the HCBA first resolved to indefinitely abstain from work with effect from 26 September. However, in a further development...

No Reason To Doubt State: Punjab & Haryana High Court To Wife Of Nuh Violence Accused Apprehending Biased Investigation

The Punjab & Haryana High Court has refused to order SIT probe into a FIR lodged against a cab driver in the aftermath of Nuh violence in Haryana.Bench of Justice Vinod S. Bhardwaj said it has no reasons to doubt that a fair and impartial investigation would be conducted by the State agency.The bench was seized with the plea moved by the accused's wife. She claimed her husband was not...

Insult To Religion Made Carelessly Without Any Malicious Intent Would Not Be Offence U/S 295A IPC: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that insults to religion "made unwittingly or carelessly without any malicious or deliberate intent" would not be an offence under Section 295A of the Indian Penal Code.The Court said, "It needs to be reiterated that Section 295A of the IPC does not penalize any and every act of insult or an attempt to insult the religion or the...