'Article 22 A Necessary Evil, An Instrument Of Protective Statecraft': P&H High Court Denies Relief To NSA Detained Amritpal's Alleged Aide

Observing that Article 22 of the Constitution is the "necessary evil", the Punjab & Haryana High Court has dismissed the plea of Waris Punjab De head Amritpal's alleged aide to arrest him in the FIR rather than keeping him under preventive detention under the National Security Act (NSA).Justice Rajbir Sehrawat said, Although there have been several judgments of the Supreme Court...

High Court Annuls Appointment Of Panjab University's UILS Head From A Non-Legal Background For Violation Of BCI's Legal Education Rules

Observing that to be the head of legal education the person should have "minimum prescribed qualification in Law" as per UGC Regulations, The Punjab & Haryana High Court has set aside the order of the Panjab University (PU) which appointed a Political Science professor as the head (director) of the Law department (University Institute of Legal Studies).With this, a bench of Justice...

Punjab & Haryana High Court Allows CENVAT Credit To Maruti Suzuki On Training And Coaching Service, IT (Software) Services

The Punjab and Haryana High Court has allowed the cenvat credit to Maruti Suzuki on training and coaching services, IT (software) services (CHA), cargo handling services for export, warehouse and storage services, land survey services, and hotel Broadway services.The bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan has observed that the service is required as it is not only...

Sarpanch Post In Punjab Village Vacant For 4 Yrs | High Court Summons State Election Commissioner, Imposes ₹50K Cost

The Punjab & Haryana High Court has imposed a cost of Rs. 50,000 on the Punjab State Election Commissioner for seeking further adjournment in a contempt plea. The petition alleges non-compliance with the High Court's order to conduct bye-elections for the Sarpanch in a Gram Panchayat Village in Mansa District, Punjab, a post, which has been vacant since 2019.A bench of Justice Rajbir...

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

The Punjab & Haryana High Court has quashed FIRs against political leaders booked for allegedly violating a Magistrate'sorder promulgated under Section 144 CrPC in 2020.It was alleged that a group of political leaders, including sitting and former MLAs and ministers of Punjab, violated the orders under Section 144 CrPC enforced in Chandigarh in 2020 to curb COVID-19. They marched towards...

'DNA Report Doesn't Match With Accused', Punjab & Haryana High Court Grants Bail To Gang-Rape Accused In Jail For Over 1.5 Yrs

The Punjab & Haryana High Court has granted bail to a man accused of committing gang rape in 2020 in Haryana.A bench of Justice Vivek Puri noted that the DNA sample swab collected does not match with the accused, who has been in custody for a period of 1 year and 8 months.These observations came in response to the plea of an accused seeking regular bail in gang rape case under Sections...

High Court Quashes FIR Against Former Punjab CM Charanjeet Singh 'Channi' For Violating Model Code Of Conduct During 2022 Polls

The Punjab & Haryana High Court has quashed an FIR filed against former CM of Punjab, Charanjeet Singh @ Channi, for violating the Model Code of Conduct (MCC) during the 2022 State elections.Channi along with the late singer Siddhu Moosewala were booked under Section 188 IPC for campaigning in the Mansa region beyond the prescribed time limit.In allowing the plea, Justice Anoop Chitkara...

Man Arrested Despite HC's Interim Protection: Police Commissioner Tenders Unconditional Apology In P&H High Court; Erring Officials Suspended

The Commissioner of Police, Amritsar recently submitted an unconditional apology before the Punjab and Haryana High Court after police officers effectuated the arrest of an accused, despite the interim protection granted by the HC, purportedly because the orders were "not checked" by the Investigating Officer.In an affidavit which was taken on record by the bench of Justice Pankaj Jain,...

Class X Student Mistakenly Marked Zero In Board Exams, Punjab & Haryana High Court Imposes 30k Costs On School For Negligence

The Punjab & Haryana High Court has imposed a cost of Rs.30,000 on a School which mistakenly gave zero marks to a Class X board student in Haryana.Due to the school's negligence, the marks of two students with identical names were interchanged, and the student who was marked zero in the 2021 exam could not appear for their Class XII board exams as a result.While directing the CBSE to issue...

Mechanically Including UAPA Offences Against Accused Causes 'Deep Trauma': P&H High Court Issues Guidelines To Check Misuse Of UAPA

Taking note of the stringent bail provisions under the Unlawful Activities (Prevention) Act (UAPA), the Punjab & Haryana High Court has issued directions to the Punjab Police to check misuse of the application of the Act. While deciding a bail application in an attempt to murder case, wherein the Investigating Officer (IO) added UAPA to the FIR, a division bench of Justice Sureshwar...

Cheque Dishonour | P&H High Court Grants Anticipatory Bail To Illiterate Lady, Says More Empathy Needed For Women When Question Of Liberty Arises

Observing that "unnecessary incarceration would negatively impact an individual's reputation, especially that of a woman", the Punjab & Haryana High Court has granted anticipatory bail to an "illiterate woman" who was declared as the proclaimed offender in a cheque dishonour case.Justice Harpreet Singh Brar observed that "in light of the constitutional scheme, special provisions have...

Haryana Staff Selection Commission Seeks Waiver Of 10K Cost For Not Filing Reply, High Court Makes It 20K For Causing Further Delay

The Punjab & Haryana High Court doubled the costs imposed on the Haryana Staff Selection Commission for not filing a reply despite repeated orders, thereby delaying the conclusion of pleadings in the case.Justice Sandeep Moudgil said, "the court is at pain to see such an application wherein the State is seeking waiver of costs of Rs.10,000, [the cost] was imposed on Commission, which has...