SC/ST Act | Offence Will Not Be Constituted If Casteist Remark Is Made Within Four Walls: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that all the insults or intimidation to person would not be an offence under the SC&ST Act, unless such remark is made within public view or at any public place.Justice Deepak Gupta observed that to constitute an offence under the Act, the insults or intimidation should be on account of victim belonging to Scheduled Caste or...

NDPS Act | Statement Of Police Witnesses Cannot Be Discarded If They Inspire Confidence: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the statement of police officials cannot be discarded because they are police officials, however their testimonies must inspire confidence.Justice Anoop Chitkara dismissed the plea challenging the conviction of a man who was convicted under Section 15 of NDPS Act for involving in trade of contraband and sentenced to 10 years of...

Lawrence Bishnoi Allegedly Makes Extortion Phone Call From High Security Jail, Punjab & Haryana High Court Directs ADGP To Conduct Inquiry

The Punjab & Haryana High Court has directed the Additional Director General of Police (ADGP) (Prisons) Punjab to inquire whether gangster Lawrence Bishnoi, who is lodged in High Security Jail, is having access to a mobile phone in the prison.The development came after a protection plea was filed by a military contractor alleging that in October one Deepak Tinu called and connected him...

Punjab & Haryana High Court Seeks State's Response On Plea By Amritpal Singh's Alleged Aide Detained Under NSA Since 8 Months

The Punjab & Haryana High Court has directed the Punjab government to file within two weeks, its reply to the petition filed by Waris Punjab De chief Amritpal Singh's alleged aide who were arrested in April, challenging their preventive detention under National Security Act (NSA).Justice Vinod Bhardwaj said, "Considering that the matters relate to preventive detention and counsel for...

[Eminent Domain] State Can Acquire Land In Militarized Zone But Can't Compromise National Security: Punjab & Haryana HC

The Punjab & Haryana High Court has refused to interfere in the land acquisition done by the State authorities directing that if it falls within the milititarized zone then it should be kept free from construction and "develop as an open green area", "without compromising the national security."A plea challenging the land acquisition was filed, contending that the land falls within...

NDPS Act | Prosecutor Can't Seek Extension Of Custody Merely To Collect Forensic Report, Must Satisfy Conditions U/S 36A(4): P&H High Court

The Punjab & Haryana High Court has made it clear that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) Act, the Public Prosecutor must indicate the progress of the investigation and specific reasons for the detention requires beyond said period.Perusing...

Punjab & Haryana High Court Takes Suo Moto Cognisance Of Prisoners Carrying Mobile Phones After Lawrence Bishnoi's Interview

The Punjab & Haryana High Court has taken suo moto cognisance against usage of phones inside jail premises by inmates and has sought to know "what steps are in place to curb the entry of such prohibited items."While issuing notice to both the States and UT, the division bench of Justice Anupinder Singh Grewal and Justice Kirti Singh also took note of the interview given by gangster...

"Cheating In MBBS Exam Can Endanger Lives Of Patients", Punjab & Haryana HC Upholds Exam Cancellation Of Students Found Using Unfair Means

Observing that the use of unfair means in the medical profession can potentially endanger the lives of patients, the Punjab & Haryana High Court has taken a strong stance on MBBS students found cheating in exams. The Court refused to interfere in the university's decision to cancel the entire exam for students who were found using unfair means.Justice Sandeep Moudgil said, "Using unfair...

"Paramount To Protect Drug Detection Squad", Punjab & Haryana High Court Directs NDPS Accused To Surrender All Weapons As Pre-Condition To Bail

The Punjab & Haryana High Court has directed an accused person under NDPS Act to surrender all his weapons as a pre-bail condition to bail, observing that given the background of allegations against him, it becomes "paramount to protect the drug detection squad, their family members, as well as the members of society."Justice Anoop Chitkara said, incapacitating the accused would be one of...

High Court Directs Defence Ministry To State How Mining Can Take Place Legally At Border Areas Of Punjab

Raising concern over illegal mining, the Punjab & Haryana High Court has directed the Ministry of Defence to state how legal mining can take place at border areas of Punjab. While noting that illegal mining has been taking place since 10 years, a division bench of Acting Chief Justice Ritu Bahri and Justice Nidhi Gupta directed the Ministry of Defence to consider the aspect of security...

Punjab & Haryana High Court Expresses Concern Over Covid-Norms Violation Cases "Clogging" Criminal Courts

Raising concern over huge pendency of cases, the Punjab & Haryana High Court has directed both the states and U.T. Chandigarh to file status report indicating the number of cases pending, which were registered during COVID-19 like under Section 188 of the IPC read with the Epidemic Diseases Act, 1897 and the Disaster Management, 2005.A division bench of Justice G.S. Sandhawalia and...

Fundamental Right To Fair Trial Affected Due To Prolonged Non-Production Of Accused Before Trial Court: High Court Asks Punjab ADGP To Take Steps

The Punjab & Haryana High Court has taken serious note of the issue of non-production of undertrial prisoners before the Trial Court observing that the fundamental right of under-trial prisoner to have fair trial have been infringed. In a bail application pertaining to the NDPS Act, the Court found that the petitioner was not produced before the trial Court concerned on a number of...