Punjab & Haryana High Court Weekly Round Up- March 18- March 24, 2024

NOMINAL INDEXXXX v. State of U.T. Chandigarh and Others 2024 LiveLaw (PH) 85Mukul Garg v. CBI & Ors. 2024 LiveLaw (PH) 86Jagdish @ Kali Nath v. State of Haryana & Ors. 2024 LiveLaw (PH) 87Surjit Singh v. State of Punjab 2024 LiveLaw (PH) 88Roma Rani v. State of Punjab and others 2024 LiveLaw (PH) 89ED v. Narinder Khillan 2024 LiveLaw (PH) 90Sant Gurmeet Ram Rahim v. State of Punjab...

Employees Vulnerable To Temptation Should Not Be Given Govt Jobs, Any Sympathy 'Erodes Democracy's Success': Punjab & Haryana High Court

The Punjab & Haryana High Court has refused to grant anticipatory bail to a Patwari accused of accepting a bribe for entering a mutation based on forged documents observing that, employees vulnerable to temptations must not be given government jobs and any sympathies with such employees "erodes democracy's success."Justice Anoop Chitkara said, "A responsibility to perform any...

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court

The Punjab & Haryana High Court made it clear that the twin condition under Section 45 of the Prevention of Money Laundering Act (PMLA), is not required to be complied with when the Court has ordered release in police custody.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if twin conditions are satisfied - there should be prima...

Court-Appointed Warrant Officer Assaulted By Punjab Police: High Court Says Lawlessness Needs To Be Curbed With Iron Hand, Seeks DGPs Response

The Punjab & Haryana High Court has sought response of Punjab's DGP on allegations of assaulting a warrant officer by police officials. The warrant officer was appointed by the Court to conduct search in a habeas corpus plea.Perusing the report submitted by the warrant officer, Justice NS Shekhawat noted that it is "apparent from the report that certain police officials, who were...

'ED Oblivious To Ground Realities': Punjab & Haryana HC Rejects Agency's Plea Against 4 Days Release Of Accused For Preparing His Defence

The Punjab and Haryana High Court has dismissed the Enforcement Directorate's (ED) plea challenging the four day release of an accused arrested under Prevention of Money Laundering Act, granted by special court to enable him to procure documents in his defence.The Court rejected the argument raised by ED that if the petitioner is taken out of jail and permission is given to him to meet...

'Effort Made To Scandalise Reputation Of Court': P&H HC Directs Criminal Contempt Against Petitioner Who Made Contemptous Allegations Against Sitting HC Judges

The Punjab & Haryana High Court has directed a criminal contempt case against a petitioner who alleged in a Public Interest Litigation (PIL) that the Police are running an extortion business under the "proper patronage" of the sitting High Court judge.Observing that there is no merit in the PIL, a bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji said, "We,...

Extortion Calls Made From Prison: High Court Seeks Jail-Wise Data From Punjab, Haryana & Chandigarh On Seizure Of Phones

While noting the allegations of extortion calls being made from prisons, the Punjab & Haryana High Court has sought jail-wise data from Punjab, Haryana and Chandigarh with regard to the recovery and seizure of mobile phones. A division bench of Justice Anupinder Singh Grewal and Justice Kirti Sigh said, "It would indeed be a matter of grave concern if the inmates whether undertrials...

Not Safe To Rely On DNA Report In Absence Of Evidence Regarding How Samples Were Collected: P&H High Court Acquits POCSO Rape Convict

The Punjab & Haryana High Court acquitted a man convicted of raping a minor girl, observing that there was "an important break in the chain of link evidence to prove that the vaginal swabs" were taken for medical examination of the alleged victim.While setting aside the conviction under the Protection of Children from Sexual Offences (POCSO) Act, Justice Manisha Batra said, "It was for...

Punjab & Haryana HC Sends Police Witness To Jail For Not Complying With Summons, Says Accused Can't Be Kept In Custody For Default Of Officials

Taking stern action against the lackadaisical approach of police witnesses, the Punjab & Haryana High Court has sent a Sub Inspector (SI) to "protective custody" in jail till his examination and cross-examination were completed.While dealing with a bail plea under the NDPS Act, the Court noted that Punjab SI Paramjeet Singh had not appeared before the trial Court as a witness despite...

'Oppressive & Harsh', Punjab & Haryana High Court Modifies Parole Condition To Furnish Surety Bond Of Rs. 2 Lakhs

Observing that it is "oppressive and harsh", the Punjab and Haryana High Court modified the parole condition to furnish personal bond of Rs. 2 lakhs along with two sureties.While modifying the condition to personal and surety bond of Rs. 1 lakh, a division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "the conditions are extremely harsh and oppressive, thereupon when...

High Court Seeks Status Report On Accessibility Of Judicial Complexes To Persons With Disabilities In Punjab, Haryana & Chandigarh

The Punjab & Haryana High Court on Thursday sought a status report from the Governments of Punjab, Haryana and U.T. Chandigarh on the accessibility of judicial complexes to persons with disabilities.A division bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji asked the Governments whether there is compliance with the Rights of Persons with Disabilities Act, 2016 in...

'File Compliance Report Or Chief Secy Must Appear': High Court Raps Haryana Govt In Contempt Plea Over Non-Promotion Of District Judges Despite HC Orders

The Punjab & Haryana High Court today, took exception to the Haryana Government in a contempt plea filed by Civil Judges (Senior Division) and CJM, alleging disobedience of the High Court's directions to accept its recommendations made to promote 13 judicial officers as Additional District and Session Judges.In December 2023, the High Court had directed the Haryana Government to...