Manner Of Probe Is Wisdom Of Investigating Agency But As 'Guardian Of Constitution', Court Will Monitor Action: P&H HC In Cheating Case

The Punjab & Haryana High Court has said that it will monitor the action taken against Punjab's real estate developer Jarnail Bajwa accused in over 50 FIRs pertaining to cheating investors.Bajwa was arrested a day after the Court summoned DGP Punjab over the lackadaisical approach of the Punjab Police in taking action against him and had sought details of cases registered against...

'Pendency In HC Is A Malady To Which Govts Are The Main Contributors': P&H High Court Calls For Policy To Ensure Accountability Of Govt Officers

The Central and the State Governments together form the biggest litigants in the country, especially at the High Court level, said the Punjab & Haryana High Court while flagging the contribution of the Government in the pendency of cases.In the case, the Court also warned the Punjab Government that it would impose a cost of Rs.10 lakh if a reply is not filed before the next date and the...

Courts While Dealing With Cancellation Reports In Matrimonial Cases Should Take Compassionate Approach: Punjab & Haryana High Court

The Punjab & Haryana High Court has said Courts should take a compassionate approach to dealing with cancellation reports in cases pertaining to marital discord, especially when the complainant herself accepts them.The police file a cancellation report after an investigation when no material is found against the accused to file the chargesheet.In the present case, the Court quashed the...

Punjab & Haryana High Court Flags Negligence Of Doctors In Conducting Post-Mortems, Seeks Response From State

The Punjab & Haryana High Court has flagged the lackadaisical approach of doctors in conducting post-mortem which hampers the fair trial in the criminal justice delivery system.Justice N.S. Shekhawat said, "...this Court is conscious of the importance of medical evidence in the disposal of criminal trial by the Courts at different levels. However, sadly nowadays, it has been noticed and it...

Cannabis Plants Freely Growing In Towns: Punjab & Haryana High Court Asks State Whether There Is Any Permanent Solution For The Problem

The Punjab & Haryana High Court has asked the Governments of Punjab, Haryana and UT Chandigarh to file a status report of the experts on whether there is any “permanent solution” to the problem of growing wild cannabis in the towns.Chief Justice Sheel Nagu and Justice Anil Kshetarpal were hearing suo moto cognizance taken on the issue of growing Cannabis plants indiscriminately all...

Terrorism In Punjab Was At Its Peak In 1980s, Dispensing Enquiry Against Cop With Alleged Ties To Militants Was Fair Since No Witnesses Would Come Forward: HC

The Punjab & Haryana High Court has held that it was just and fair to dismiss a constable allegedly having links with militants in 1988, without conducting an enquiry because terrorism was at its peak in Punjab at that time and no witnesses would have come forward.The Court set aside the order of a Trial Court whereby it set aside the order of the Police Authorities to dismiss a...

Birth Certificate Prepared After Registration Of FIR To Prove Juvenility Of Accused Valid If Not Proved To Be Fabricated: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that a birth certificate prepared to prove juvenility after the registration of FIR is valid if the same is not proven to be fabricated.The Court set aside the order of the Trial Court, wherein it observed that since the birth certificate was issued after registration of the FIR, it will fall under the purview of relevant conduct as...

Jail Staff Shares 'Vicarious Inculpability' With Prisoners In Unauthorised Possession Of Mobile Phones: Punjab & Haryana High Court

The Punjab & Haryana High Court said that jail staff share "vicarious inculpability" with prisoners found in unauthorised possession of mobile phones in prison.A five-judge bench of Justice Sureshwar Thakur, Justice Deepak Sibal, Justice Anupinder Singh Grewal, Justice Meenakshi I. Mehta and Justice Rajesh Bhardwaj said, "...only with the active complicity of the jail staff, the...

No Requirement Of Educational Qualification To Contest Polls As MP, MLA: Punjab & Haryana HC Reflects On Dr Rajendra Prasad's "Regret"

The Punjab and Haryana High Court observed that although 75 years have passed since the adoption of the constitution, to date, the "regret" of India's first President Dr Rajendra Prasad in not mandating a minimum qualification to become Members of the Legislative Assemblies (MLA) or Members of Parliament (MP) or a cabinet minister has not been addressed.Justice Mahabir Singh Sindhu referred to...

Prisoners Not Disentitled To Parole For Merely Possessing Phones In Prison, State Should Provide Calling Facility In Jails: Punjab & Haryana HC

The Punjab & Haryana High Court held that merely finding mobile phones in possession of prisoners would not be sufficient without cogent evidence to deny parole and the same is "extremely harsh and oppressive."The larger bench opined that denying parole on "mere possession" of the mobile phones will be violation of fair trial as the accused is presumed innocent until proven...

Jurisdiction To Decide Guardianship Of Hindu Child Below 5 Yrs Lies Where Child Actually Resides, Not Where Mother Resides: Punjab & Haryana HC

The Punjab and Haryana High Court has made it clear that application seeking guardianship of a minor, particularly one aged below 5 years of age, will lie to the district where the child actually and physically resides.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said merely because as per Section 6(a) of the Hindu Minority and Guardianship Act, 1956 custody of a minor who...

Bar On Anticipatory Bail U/S 482 BNSS In Certain Rape Cases Involving Minors Not Absolute: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that bar on grant of anticipatory bail plea under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in certain cases of rape involving minors is not absolute.Section 482 BNSS bars grant of bail to a person booked under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). Section 65 BNS relates to rape of women under age...