High Court Raps Punjab Police For "Callous Approach" In Kidnapping Case, Says Accused Should Not Be Put To "Unwarranted Investigation"

The Punjab and Haryana High Court recently pulled up senior officials of Punjab Police for their "irresponsible and callous approach" in investigating a kidnapping case of a minor girl, stating that accused should not be put to unwarranted investigation, "if at all the complainant is playing smart".In a regular bail plea, where a 20-year-old boy, who had been booked in 2022 and was in custody...

How Are Prisoners Suffering From 'Hepatitis C' Treated In Jails? High Court Asks Punjab & Haryana Govts

The Punjab and Haryana High Court has asked the governments of both the states to explain how prison inmates suffering from Hepatitis C in their respective States, are being treated.The development came in the suo moto case initiated over shortage of Medical staff in jails. Amicus Curiae Amitabh Tewari drew the Court's attention to a news item published in the Hindustan Times, mentioning...

Drug Trafficking: Punjab & Haryana High Court Suggests Procedure Of Destroying Seized Contraband Should Be Monitored By Judicial Officer

While hearing the suo moto cognisance against drug trafficking at the border areas of Punjab, the Punjab & Haryana High Court has said that the procedure of destroying the seized heroin should be monitored by a Judicial Officer.Previously, the court had noted that reportedly 755 Kg of narcotic items, which were being supplied in India on the border by way of drones, had been...

Punjab & Haryana High Court Issues Notice To UT Admin, Others On Plea Seeking Conduct Of Free & Fair Chandigarh Mayoral Elections

The Punjab & Haryana High Court on Thursday, issued notice on a plea seeking directions to conduct "free fair and transparent elections" to the post of Mayor, Senior Deputy Mayor and Deputy Mayor of Chandigarh Municipal Corporation which was scheduled for Thursday (January 18, 2024) and postponed citing "law and order" issues.After considering the submissions a division bench of...

"Duty Of Student To Be Vigilant": Punjab & Haryana High Court Dismisses CBSE Student's Plea To Apply For Improvement Exam After Last Date

The Punjab & Haryana High Court has dismissed a plea to allow a student to fill out the application form for CBSE Class XII, Improvement Exam after the prescribed stipulated time had elapsed.Justice Vikas Bahl said, "Once public notices are given, then, it is the duty of the students to be vigilant, more so, when the petitioner wanted to appear in the improvement examinations." The...

Punjab & Haryana High Court Weekly Round-Up [January 8 - January 14, 2024]

Citations: 2024 LiveLaw (PH) 08-14Nominal Index:X v. State of Haryana & another 2024 LiveLaw (PH) 08X v. Y 2024 LiveLaw (PH) 09Parmila v. State of Haryana and another 2024 LiveLaw (PH) 10X v. Y 2024 LiveLaw (PH) 11Mustak v. State of Haryana and others 2024 LiveLaw (PH)12 Vikramjeet Singh v. Union of India and others 2024 LiveLaw (PH) 13 X v. State of Haryana & Ors. 2024 LiveLaw...

S. 319 CrPC | Merely Naming Accused Not Sufficient For Summoning Order, Evidence Must Satisfy "More Than Prima Facie Case": P&H High Court

The Punjab & Haryana High Court has quashed the summoning order against accused persons in a murder case observing that merely because the petitioners had been named by the complainant, the power to proceed against them under Section 319 CrPC cannot be exercised. Court said in such cases the test of "more than prima facie case" must be satisfied.Under Section 319 CrPC, where, in the course...

Technical Objections Like Limitation Can't Stand In Way Of Victim Compensation: Punjab & Haryana HC Orders Compensation To Gang Rape Victim

The Punjab & Haryana High Court has made it clear that technical objections like limitation in filing the application for victim compensation should not stand in a way of the social welfare object sought to be served by the Victim Compensation Scheme.While allowing the plea for compensation of a gang rape victim, Justice Vinod S. Bhardwaj said, "the scheme being benevolent and intended...

Can Parents Be In "Illegal Custody" Of Their Own Minor Daughter? Punjab & Haryana HC To Determine In Same-Sex Partner's Habeas Corpus Plea

"Whether the parents can be said to be in the illegal custody of their own minor daughter," the Punjab and Haryana High Court wondered while hearing the habeas corpus petition filed by a woman claiming that her partner in same-sex relationship was illegally detained by the partner's parents.As the alleged detenu was a minor as per her school records, single bench of Justice Sandeep...

'Lackadaisical Approach': HC Imposes ₹1 Lakh Cost On Punjab Govt For Denying Retiral Benefits, Pension To Widow Of Constable Who Died In Line Of Duty

The Punjab & Haryana High Court imposed a cost of Rs.1 lakh on the Punjab Government for its "lackadaisical approach" in denying death-cum- retiral benefits and family pension to widow of a constable who died on duty.The petitioner-widow was denied the pension on the ground that the salary was released to the deceased husband of the petitioner while he was under treatment and the same...

Claim For Employment By Family Members Of Martyred Defense Personnel Cannot Be Put On Lower Pedestal Than Family Of Police Martyrs: P&H High Court

The Punjab & Haryana High Court has made it clear that the State cannot adopt different yardsticks for considering the compassionate appointment of the dependents of martyrs from Police forces and Armed Forces Personnel.The petitioner's grandson was the nephew of a martyred defense personnel, and was denied consideration for a position in the Punjab Police because, according to the...

Failure To Perform Duty: Punjab & Haryana High Court Orders Attachment Of Salary Of SHOs Who Failed To Arrest Accused Absconding Since 2 Yrs

The Punjab & Haryana High Court directed the attachment of the salary of the concerned Station House Officers (SHOs) who failed to arrest an accused who was declared as a Proclaimed Offender in 19 out of 33 criminal cases registered against him in 2022.Justice Harpreet Singh Brar said, "in spite of repeated orders passed by this Court on various occasions, no tangible efforts have been...