Nexus With Offence Required For Bank Account Seizure U/S 102 CrPC: P&H High Court Rejects CBI's Plea Challenging Account De-Feezing Order

While upholding the decision of de-freezing the bank account of a teacher accused under the Prevention of Corruption Act of having disproportionate assets, the Punjab & Haryana High Court has made it clear that there must be a nexus between the bank account and the offence alleged, to give rise to a suspicion qua the commission of an offence.Perusing Section 102 CrPC, Justice Manjari...

P&H High Court Rebukes RBI's 'Pedantic Approach' In Denying Appointment Letter To PwD Candidate Over Her Inability To Give Biometric Thumb Impression

The Punjab & Haryana High Court has pulled up the Reserve Bank of India for its 'pedantic approach' in not issuing an appointment letter to a candidate with a disability as she couldn't give her thumb impression on biometrics because of the disability condition. Though the Candidate had verified her identity physically and qualified for the exam for a post in the Bank, she was denied...

High Court Raps Punjab Police For Mentioning Religion In FIR Despite DGP Assuring In Affidavit Not To Mention It

The Punjab & Haryana High Court has pulled up Punjab state police for mentioning the religion in the FIR despite giving assurance for not repeating the same, a year ago.While noting that the expression 'Sardar' had been used in an FIR which connotes religion, Justice Jagurpreet Singh Puri recalled that the Court has already taken a serious note with regard to the same not only for the...

Compassionate Appointment Meant For 'Immediate Financial Difficulties': P&H HC Refuses Relief To Man Whose Father 'Died' In '1984 Operation Blue Star'

The Punjab & Haryana High Court has dismissed the plea seeking compassionate appointment to a son whose father allegedly died in 1984 Operation Blue Star, observing that compassionate appointment is given only to come out "from the immediate financial difficulties."While noting that the petitioner attained majority in 1998 and a further 12 years passed by when his case was rejected,...

S. 19 PMLA| ED Officials Must Inform Arrest Grounds To Accused On Day Of 'Unlawful Restraint' Even If No Formal Arrest Is Made: P&H High Court

The Punjab & Haryana High Court has ordered the release of two directors of a Pharma Company arrested by ED officials in a money laundering case, observing that taking the accused persons in custody (unlawful restraint) without an official arrest memo will be counted as the day of the arrest and they are required to be informed about the ground of arrest on that day itself.The Court...

'UAPA, PMLA Can't Be Invoked By Writing Of A Letter From SSP': High Court Directs Punjab Govt To Consider Reinstatement Of Cops Acquitted In UAPA Case

The Punjab & Haryana High Court has directed the Punjab government to reconsider the case of policemen (following their acquittal in a criminal case) who were earlier dismissed from service following a departmental inquiry initiated against them for allegations of supplying arms to Naxalites.Justice Jagmohan Bansal noted that the SSP concerned had invoked the Unlawful Activities...

'Can Ignore Gravity Of Offence For Time Being', P&H High Court Grants Bail To Advanced-Stage Pregnant Woman Accused In NDPS Case

The Punjab & Haryana High Court recently granted bail to a woman, accused under the NDPS Act, who is at the advanced stage of pregnancy, observing that "giving birth to a child while in custody is not only traumatic to the mother but also to the child to be born because psyche of a child will always have an adverse impact, as and when said child is questioned about his birth."Justice...

'A Parent May Be Morally Bad In Societal Sense But May Be Good For Child': P&H High Court Upholds Visitation Rights To Alleged Drug Addict Father

The Punjab & Haryana High Court has upheld the visitation rights granted to the father of a 10-year-old daughter who was allegedly dependent on substances, observing that "a man or a woman may be bad for someone in a contextual relationship; however, the same does not necessarily mean that the person is bad for his/her child."While noting that the trial court had observed that the father...

Despite SC's Caution, P&H High Court Relies On HC's 'Javed' Judgment To Allow Minor Muslim Girl To Live With Husband, Denies Custody To Father

The Punjab & Haryana High Court on Wednesday refused to grant custody of a minor Muslim daughter to her father, who married against her parents' wishes as it noted that her marriage was valid as per Mohammedan Personal Law.Justice Deepak Gupta observed that, “Since the marriage of the petitioners was valid as per the Mohammedan Personal Law, petitioner No.2 (daughter) being above the age...

2016 Nabha Jailbreak | Punjab & Haryana High Court Dismisses Plea Challenging Termination Order Of Jail Authorities

The Punjab & Haryana High Court has dismissed the plea challenging the dismissal order of jail authorities who were terminated from service due to the Nabha Jail Prison break incident in 2016.Justice Sanjeev Prakash Sharma opined, "the respondents have taken a decision after due application of mind and the requirement of reaching to such conclusion cannot be said to be unjustified...

'Lawrence Bishnoi's Jail Interview Not From Punjab Or Haryana, Have Requested Its Removal From Public Domain': ADGP Informs High Court

The ADGP (Prison) of Punjab today submitted before the Punjab and Haryana High Court a report of the Committee constituted to enquire into Lawrence Bishnoi's interview, in a sealed cover.A division bench of Justice Anupinder Singh Grewal and Justice Kirti Singh noted that it has been submitted that as per the findings of the Committee, “it is highly improbable that interview of the suspect...

Trend Of Mechanical Grant Of Bail 'Disturbing', Punjab & Haryana HC Urges Courts To Uphold Judicial Discipline For Public Confidence

Expressing concern over the "disturbing trend" of trial courts granting bail mechanically, the Punjab & Haryana High Court said the Courts are expected to consistently uphold judicial discipline and propriety to ensure that public confidence is maintained in the judicial process.Justice Harpreet Singh Brar said, "a very disturbing trend is emerging with the trial Courts as they have adopted...