District Judges Appointment: Haryana Govt Says 'Per Se Contemptuous' Letter Was Recommended By CM; High Court Summons Chief Secretary

The Haryana government has informed the High Court that the 'per se contemptuous' letter that it filed in the proceedings concerning delay in appointment of district-level judges, was recommended by the Chief Minister.The letter filed under the signatures of government's Joint Secretary Rashmi Grover said that the government has decided to not accept High Court's "arbitrary" recommendations...

District Judges Appointment Row: High Court Summons Haryana Govt's Joint Secretary To Explain "Contemptuous" Letter; Hearing At 2 PM

The Punjab and Haryana High Court has summoned Haryana government's Joint Secretary at 2 PM today, to explain the "contemptuous" language used by her in a letter submitted to the Constitutional Court in case relating to appointment of Additional and District Sessions judges.The letter said that the government has decided to not accept High Court's "arbitrary" recommendations for promotion of...

Nuh Violence: Congress MLA Moves High Court Seeking Protection From Arrest, Says Govt Trying To Shift Blame On Political Opponents

A Congress MLA from Firozepur Jihirka, Mewat, Mamman Khan has moved Punjab & Haryana High Court today, seeking directions to constitute a high level Special Investigation Team (SIT) comprising officers not below the rank of Inspector General of Police and to transfer cases pertaining to the incidents of violence that took place in Nuh, Haryana on 30 July.The petition filed through...

Life Convicts Have No Inherent Right To Claim Premature Release: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that a life convict has no inherent right to claim premature release as it is merely a concession, granted at the discretion of the State government after looking into various factors such as the conduct of the convict in jail, gravity and nature of the offence etc.The bench of Justice Jasjit Singh Bedi said,“A convict has no inherent...

S.195 IPC | Mere Acquittal In Criminal Case Doesn't Give Presumption That Complainant Tendered False Evidence: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that just because a person is acquitted in a criminal case doesn't automatically imply that false evidence was given against such person.While dismissing one such complaint under Section 195 IPC of an acquitted person (complainant herein), bench of Justice Jasjit Singh Bedi held,"Merely because the petitioner-complainant was...

Can't Deny Bail Merely Because Charge Framed Under UAPA, Courts Must Examine Role Of Accused: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that it is the "bounded duty" of Trial Court to examine the role of an accused under the Unlawful Activities (Prevention) Act [UAPA] while deciding his bail plea under stringent Section 43-D.A bench of Justice G.S Sandhawalia and Justice Rajesh Bhardwaj observed that merely because a charge has been framed under UAPA would not be a ground to deny...

Punjab & Haryana High Court Weekly Round Up: September 04 - September 10, 2023

Nominal IndexLalit Kumar v. State & ors 2023 LiveLaw (PH) 162Sukhraj Singh v. State of Punjab & Or2023 LiveLaw (PH) 163Sumit Kumar v. State of Punjab 2023 LiveLaw (PH) 164Sunna & Ors. v. Union of India 2023 LiveLaw (PH) 165Amarnath Ram v. Union of India and others 2023 LiveLaw (PH)166Judgments7 Yrs After His Death, Punjab & Haryana High Court Orders 'Deemed Reinstatement'...

[Article 233] Punjab & Haryana High Court Criticises Haryana Govt For "Dragging Its Feet" In Appointing Additional & District Sessions Judges

The Punjab & Haryana High Court has questioned the Haryana government for not issuing the requisite notification for appointment of Additional District and Sessions Judges in the State. The written exam and viva for the same was concluded by the High Court in December, 2022.List of 13 judges for promotion as Additional and District Sessions Judges was sent to the State in February...

"Serious Issue": High Court Objects To Haryana Police Mentioning A Person's Religion In FIR

Calling it a "serious issue", the Punjab & Haryana High Court has objected to mentioning of a person's religion in the First Information Report (FIR) by the Haryana Police.The bench of Justice Jasgurpreet Singh Puri recalled that a similar issue had arisen last year in Punjab and subsequently, the Assistant Inspector General of Police and Punjab DGP had filed affidavits that henceforth...

Illegal Mining: Punjab & Haryana High Court Criticises Police For Charging Only 'Poor Persons', Shielding 'Real Culprits'

The Punjab and Haryana High Court has taken a stern view against the officers of Punjab Police for charging only 'poor persons' like drivers in a case of illegal mining and coal transportation, while shielding the 'real culprits' at whose behest such activities were being carried out. The case pertains to illegal mining in Rupnagar, Punjab.The bench of Justice NS Shekhawat, while hearing...

BSF Unjustified To Terminate Employee Who Couldn't Complete Basic Training Due To Curable Disease Contracted After Joining: Punjab & Haryana HC

Directing to "symphathetically reconsider" the case of a BSF constable who was struck off from service for not being able to complete basic training because he was declared 'unfit', the Punjab & Haryana High Court said that it is highly unjustified to weed out an employee on the ground that he cannot complete basic training because of a curable disease which he has suffered post joining...

[Custody] Child Shouldn't Be Made To Feel He's Being Forcibly Taken From One To Another Just To Enforce Court Decree: Punjab & Haryana HC

Observing that child should not be made to feel as if he is being forcibly taken from one to the other, just to enforce decree of the court, the Punjab & Haryana High Court granted visitation rights to biological parents of a child who is in custody of alleged adoptive mother.The bench of Justice Arun Monga said,"As of now, the interim arrangement (visitation rights), as above, is...