P&H High Court Sets Aside Order Limiting Open Atmosphere Exposure Of High Risk Prisoners To 2 Hours, Says Inmates Enjoy Basic Human Rights

Observing that "inmates are not to be unnecessarily subjected to cruel or degrading treatment", the Punjab & Haryana High Court has set aside an order passed by Additional Director General of Police (Jails), Punjab, which limited the release of prisoners lodged in high security zone to only two hours in the open atmosphere.Justice Vinod S Bhardwaj said, "Prisons/Correctional facilities...

'Person With Contraband Would Not Sit On Roadside': Punjab & Haryana High Court Acquits NDPS Accused Citing Infirmities In Prosecution Case

The Punjab & Haryana High Court has acquitted a man who was convicted under the NDPS Act and sentenced to 10 years of rigorous imprisonment in 2013, upon noting infirmities in the prosecution case and missing links in the evidence presented. In setting aside the trial Court verdict which found the appellant guilty, a single bench of Justice Ritu Tagore said, "The prosecution case...

Bank Has Means To Recover: Punjab & Haryana High Court While Granting Bail To Manager Accused Of Disbursing Loan On Forged Docs

Considering that the Bank has other alternate remedies to recover the loan amount from the accused persons, the Punjab & Haryana High Court has granted bail to a Bank Manager booked for disbursing loan on forged documents.Justice Kuldeep Tiwari observed, "...considering the fact that the Bank has other alternate remedies/mechanisms to recover the loan amount from the accused persons, as...

Does Prosecution Under IPC After Filing Of 138 NI Act Complaint Amount To Double Jeopardy? Punjab & Haryana HC Explains

While hearing an accused's plea seeking quashing of FIR u/s 406 and 420 IPC, the Punjab & Haryana High Court has observed that complaint filed u/s 138 of Negotiable Instruments Act ("NI Act") for dishonor of cheque does not bar a subsequent case for cheating u/s 420 and 406 IPC.Justice Anoop Chitkara took note of the position laid down in Sangeetaben Mahendrabhai Patel v. State of...

Lawrence Bishnoi Interview Row: Punjab & Haryana HC Summons ADGP Prison To Explain Why Probe Committee Has Not Filed Report Yet

The Punjab & Haryana High Court has summoned Punjab's Additional Director General of Prisons (ADGP) to explain why the Committee constituted in March, 2023 to probe details of Lawrence Bishnoi media interview from jail had not yet filed the report.The direction came after the court earlier took suo moto cognizance against use of mobile phones in the Punjab prison and remarked,"It is a...

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana. The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother deviated from...

Corruption At Grassroots Level Within Govt Offices Silently Devouring Pillars Of Democracy: Punjab & Haryana High Court

Observing that "corruption at the grassroots level within government offices is akin to termites silently devouring the pillars of democracy", the Punjab & Haryana High Court has rejected the second pre-arrest bail plea of a Patwari who was accused of demanding bribe to process mutation. Justice Harpreet Singh Brar said, "It gnaws away at the trust of our citizens in the very...

Section 148A(b) Notice Not Specifically Served On Assessee: Punjab And Haryana High Court Imposes Rs. 10K Cost On Dept.

The Punjab and Haryana High Court has imposed a cost of Rs. 10K on the income tax department and quashed the order under Section 148A(d) of the Income Tax Act and the notice under Section 148 of the Income Tax Act.The bench of Justice G.S. Sandhawalia and Justice Lapita Banerji has observed that the notice under Section 148A(b) of the Income Tax Act dated March 19, 2022, not having...

Embassy Declines Surrogate Child's Visa, High Court Declares Single Biological Father As "Sole Guardian", Grants Right To Remove Child From India

The Punjab & Haryana High Court has recently allowed a habeas corpus plea, declaring petitioner no 2, the biological father as the sole guardian of his surrogate child (petitioner no 1).Petitioner no 2 had approached a single bench of Justice Anupinder Singh Grewal, seeking to be declared as the sole legal guardian of his 4-year-old surrogate child. It was submitted that he was living...

High Court Seeks Response From Chandigarh Municipal Corporation In PIL For Effective Implementation Of Animal Birth Control Rules

The Punjab & Haryana High Court has issued notice on a PIL seeking directions to Chandigarh Municipal Corporation to take adequate and appropriate steps regarding effective and expeditious implementation of the Animal Birth Control Rules, 2023 (ABC Rules) in Chandigarh. The petition states that on filing a representation in this regard before the Municipal Corporation, "neither...

Punjab & Haryana High Court Issues Notice To Union On Plea To Use Gender Inclusive Terms In Army Instead Of "Ex-Service Man"

The Punjab & Haryana High Court has issued notice on the plea seeking directions to Union government to use gender inclusive term instead of "Ex-service man" to refer the Ex-Service Personnel for the purposes of certain schemes and benefits of the Central Government.It is contended that even the terminology used in the title of the department that was created to lay focused attention to...

Girl Students In Haryana Govt Schools Sexually Harassed, No Washrooms: High Court Seeks Appearance Of Top Officials From Education Dept

"The Government’s insensitivity is glaring as Govt. Schools yearn for rooms, electricity, toilets as well as drinking water," the Punjab and Haryana High Court has observed.Justice Vinod Bhardwaj noted that while the Central government is vigorously pursuing ‘Swachh Bharat’ Mission and wanting setting up toilets for every household, in Haryana the picture is absolutely marred amid...