Application Of Statutes Must Be Based In Reality: Punjab & Haryana HC Quashes POCSO Case Against Youth For Consensually Impregnating Minor Wife

The Punjab & Haryana High Court has quashed a rape case against a husband who was accused of committing sexual intercourse consensually with his minor wife, observing that application of statutes like the Protection of Children from Sexual Offences Act, 2012 (POCSO) cannot be divorced from the reality of the situation.A young couple visited a government hospital, where doctors found that...

'Look Into Culpability Of Officials For Delays, Errors In Forensic Reports': High Court Tells Panel Formed To Probe Functioning Of FSL In Haryana

The Punjab & Haryana High Court has directed the committee formed to look into the functioning of the Forensic Science Laboratories (FSL) in Haryana to probe the culpability of officials for causing staggering delay and errors in the report in a case under NDPS Act, wherein the accused was a professional psychiatrist and accused of illegally operating a drug addiction Centre.Observing...

'Can New Haryana CM Run Govt For 6 Months Without Being Elected To State Assembly?' HC Seeks Response Of Union, State In Plea Challenging Appointment Of Nayab Singh Saini

The Punjab & Haryana High Court today asked the State and Union Government whether the newly elected Haryana Chief Minister Nayab Singh Saini can run the government without being elected as a member of the Haryana State Assembly.A division bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji has sought a response from the State, Union Government and other authorities on...

PMLA | When Investigating Agency Didn't Arrest, But Trial Court Wants Judicial Custody On Filing ECIR There Must Be Reasons To Deny Bail: P&H High Court

The Punjab & Haryana High Court has made it clear that in Prevention of Money Laundering Act (PMLA) cases when the investigating agency did not arrest, but the trial court wants judicial custody on filing the complaint, the Court must give reasons for denying bail.While granting anticipatory bail in a PMLA case, Justice Anoop Chitkara said, "When the Investigating agency did not arrest,...

Arvind Kejriwal Sedition Case: Punjab & Haryana High Court Adjourns Matter To Await Supreme Court's Decision On Section 124A IPC

The Punjab and Haryana High Court has adjourned the plea seeking to summon Delhi Chief Minister Arvind Kejriwal in a Sedition case, citing pendency of Supreme Court's decision on validity of Section 124A IPC.It is alleged that Kejriwal has tweeted a seditious statement in 2019 which encouraged public to "revolt against government of PM Narendra Modi", hence direction is sought to...

Same-Sex Habeas Plea | Punjab & Haryana HC Directs State To Take Minor Girl To Psychologist, Constitute SIT To Probe Allegations Of Assault By Police

The Punjab & Haryana High Court has directed the DCP, Panchkula to take the minor partner in same-sex couple habeas case to counselling considering that she was under the influence of her partner.Justice Sandeep Moudgil took note of the suggestion of the amicus curiae that the minor girl was in "deep influence" of her partner and should be taken for psychological counselling at...

Farmers Protest | HC Expands Scope Of Habeas Plea, Says Haryana Govts Stand That Injured Protestor Was Main Instigator Appears To Be Afterthought

The Punjab & Haryana High Court today said that the Haryana Government's stand that the protester, who was allegedly severely injured and detained by the Haryana Police from the Punjab-Haryana border, is the main instigator of violence, "clearly appears to be an afterthought."Protestor Pritpal Singh's father had moved a habeas corpus petition alleging that the Haryana Police picked up his...

'RERA Exercises Very Sensitive Functions, Not In Interest Of Justice To Allow Supersession': High Court Stays Punjab Govt's Order To Take Over RERA

The Punjab & Haryana High Court has stayed the Punjab Government's order to supersede Real Estate Regulatory Authority (RERA) on account of vacant positions in the authority's bech.A notice was issued by the Punjab Government on March 12 that in the public interest, the Governor of Punjab was superseding Real Estate Regulatory Authority Punjab for four months or till the Quorum is complete...

Right To Trade Can't Restrict Competition: P&H HC Declines Plea For Halting Setting Up Of New Petrol Pumps Because They Would Affect Profits Of Existing Ones

The Punjab & Haryana High Court has said that although the right of business and trade is guaranteed by Article 19(1)(g) of the Constitution of India, it cannot be used to restrict anyone else's trade to stop competition in the business.The Court refused the Petrol Pump Association's request to stop setting up new Petrol Pumps in the vicinity on the ground that it would wipe out...

Complainant Must Show Sufficient Cause For Bypassing Magistrate, Directly Approaching HC For Registering FIR: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that before moving High Court under Section 482 CrPC seeking registration of FIR, the complainant should show sufficient cause for not approaching the Jurisdictional Magistrate first.Justice Sumeet Goel said, "if the facts/circumstances of such case so warrant, the High Court is well within its jurisdiction to entertain and consider...

'Gross Medical Negligence, Amounts To Cheating': P&H HC Declines To Quash Summons Against Max Hospital For Allegedly Installing Cheap Pacemaker Resulting In Patient's Death

Observing that "apart from medical negligence, it is more a case of cheating", the Punjab & Haryana High Court has refused to set aside the summoning order against Max Super Specialist Hospital and its cardiologist who were booked for allegedly implanting a cheap pacemaker to make a profit which resulted in patient's death. Justice Deepak Gupta opined, "Apart from the case of gross...

Farmers Protest | High Court Directs CJM To Record Statement Of Protestor Who Was Allegedly Beaten & Detained By Haryana Police

The Punjab & Haryana High Court has directed the Chief Judicial Magistrate (CJM) to record the statement of the protestor who was allegedly detained and severely beaten by Haryana Police during Farmers' Protest on February 21.A bench of Justice Harkesh Manuja said, "the Chief Judicial Magistrate Chandigarh is requested to visit Emergency Ward, PGIMER, Chandigarh and get the statement...