Cannot Say That 15 Yr-Old Victim Did Not Know Repercussions Of Statements Given By Her: P&H High Court Suspends Conviction In Rape Case

The Punjab & Haryana High Court has suspended the conviction against a man convicted for committing rape on a minor, observing that the alleged 15 and a half year old victim turned hostile in the Trial Court. During the proceeding the counsel for the convict submitted that the prosecutrix turned hostile in the Court and resiled from her earlier statement supporting the prosecution's...

Victim's Right To Anonymity Prevails Over Public's Right To Information, Punjab & Haryana High Court Upholds "Restricted Category" Orders

Observing that "the right of victim to remain anonymous cannot be allowed to be sacrificed at the altar of right to information," the Punjab & Haryana High Court dismissed a plea challenging its Executive Committee's decision to restrict uploading of orders or case details (on the High Court website) of sensitive matters relating to crime against woman, Juvenile Justice Act,...

Regularising Workers Who Were Not Appointed Following Due Procedure Amounts To 'Back Door Entry': Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that workers who are not appointed following the official procedure prescribed for appointing a regular employee cannot be regularised as the same would amount to legalising the "Back door entry."Justice Jagmohan Bansal said, "It is crystal clear that employees who have not been appointed after following procedure prescribed for...

'Amazed To See Shocking Approach': Punjab & Haryana HC On Police's Failure To Arrest Realtor Booked In Fraud, Intimidation Cases For 16 Yrs

The Punjab & Haryana High Court has flagged the lackadaisical approach of the Punjab Police by not arresting a Punjab relator, Jarnail Singh Bajwa for 16 years in criminal intimidation and fraud cases.Justice Sandeep Moudgil said, "This Court is amazed to see shocking approach of law enforcing agency as one FIR...with Police Station Kharar, dated 02.10.2008 is also pending...

Fair Court Reporting Is An Inseparable Part Of Administration Of Justice, Ensures Judges Remain Within Bounds: P&H High Court

Observing that fair court reporting is an inseparable part of the administration of justice, the Punjab & Haryana High Court closed the criminal contempt case against the Hindustan Times former editor-in-chief Sanjay Narayan and then legal correspondent Sanjeev Verma for allegedly reporting the order incorrectly.Verma had written an article stating the High Court judge had granted bail to...

NDPS | Does Entire Case Property Need To Be Sent To FSL Or Can A Sample From Each Strip Of Tablets Be Sent For Testing? P&H High Court Explains

The Punjab & Haryana High Court while answering a reference question has said that there is no need to send the entire seized bulk of the contraband tablets under the NDPS Act and only samples of the tablet in homogeneous quantity are sufficient for sending for chemical examination.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "There is no requirement for the sending of...

High Court Issues Notice On Plea Seeking Framing Of Policy For Issuing Revised Punjab Board Exam Certificate As Per Transgender Act, Rules

The Punjab & Haryana High Court issued notice on a plea seeking the formulation of a policy for Punjab board examination certificate for transgender persons in consonance with the provisions of the Transgender Person (Protection of Rights) Act, 2019 and the Transgender Persons Rules, 2020.Justice Jasgurpreet Singh Puri issued notice to authorities including the Chairperson, the Secretary...

Punjab & Haryana HC Flags Negligent Approach Of Police In Investigating Assault Case For 7-Yrs, Seeks Response Of DGP On Supervision Of Probe

The Punjab & Haryana High Court has sought an affidavit from the Director-General of Police (DGP) Chandigarh on supervising the investigation of cases delineated to senior police officers.The development came after the Court found that in a case pertaining to assaulting a woman, the investigation was not concluded in 7 years and despite the Court's direction to SSP failed to file...

Government Is Responsible To Look Into Financial Crises Of Municipal Councils: Punjab & Haryana High Court

The Punjab & Haryana High Court has set aside the order removing the President of a Municipal Council for allowing loan to a Nagar Panchayat in need of funds to pay its employees and sanitation workers.The President of Municipal Council Barnala was removed for allegedly "misusing power" by granting a loan to the Nagar Panchayat by not following the procedure, which was later rectified in...

Media Glorifying Gangsters To Youth, Judiciary Must Send Strong Message: Punjab & Haryana HC Denies Bail To Lawrence Bishnoi Gang Member

The Punjab and Haryana High Court refused to grant bail to an "active gang member" of Lawrence Bishnoi in a murder case, observing that judiciary must send a strong message that those who engage in nefarious activities will face the full brunt of the law.Justice Harpreet Singh Brar said,"The way, these hardened criminals are portrayed by popular media, has led to a distorted sense of power...

Magistrate Writes "State Absconded" In Arrest Warrant, Punjab & Haryana HC Laments Non-Application Of Mind, Quashes Subsequent Proclamation Order

Observing that it was a "total non-application of judicious mind", the Punjab and Haryana High Court has set aside the proclamation order issued by a Judicial Magistrate subsequent to issuance of an arrest warrant (under wrong provision) where Magistrate wrote the "State has absconded", instead of name of accused.The Warrant Serving Officer pasted the arrest warrant on the wall considering it...

Interest Can Be Waived In Situations Beyond Assessee's Control In Timely Filing Of Returns: Punjab And Haryana High Court

The Punjab and Haryana High Court ruled that interest for late filing of income tax returns can be waived in situations where the delay was beyond the control of assessee. The Bench of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “….while exercising the discretion by the Settlement Commission, no reasons have been assigned as to why the interest has been...