No Notification U/S 18 BNSS For Appointing Prosecutors: HC Directs Registry Not To List Criminal Appeals Till Counsels For Punjab Are Notified

The Punjab & Haryana High Court has directed the registry not to list the criminal appeals till the Punjab Government notifies the list of Public Prosecutors in terms of Section 18 of the BNSS, 2023.According to Section 18 of the BNSS, for every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may...

Able-Bodied Wife Can't Sit Idle To Misuse Maintenance Provision U/S 125 CrPC While Husband Is Looking After All Needs: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that the provision of Maintenance under Section 125 CrPC, cannot be allowed to be misused by the able bodied wives to sit idly at home.Justice Nidhi Gupta said, "The purpose of Section 125 Cr.P.C. is to protect abandoned wives who are unable to maintain themselves from vagrancy and destitution. The said provision cannot be permitted to...

Govt Seeks To Recall High Court Order Asking Not To Deploy Punjab Police For Judge's Security, Says It Tarnishes Reputation Of The Force

The Punjab Government has filed an application seeking recall of a Punjab & Haryana High Court order passed on September 27- directing not to deploy Punjab Police for security of a sitting High Court judge who exposed "large-scale lapses on the part of investigating agencies" of Punjab and whose security was compromised in a recent incident. The division bench of Chief Justice Sheel Nagu...

Nobody Can Assess Child's Safety Like Mother: P&H High Court Grants Pre-Arrest Bail To 10-Yr-Old's Mother Despite Prima Facie Evidence In Fraud Case

The Court should refrain from questioning the mother's judgment, as no one is in better position to assess a child's safety and best interest than mother, said the Punjab & Haryana High Court while granting pre-arrest bail to a 10-year-old girl's mother who is booked in a fraud case.In the present case, the father of the child was already in custody in Haryana Post Matric...

Court Can Assess Materials From Social Media Produced By Husband To Prove Wife's Adultery & Resist Interim Maintenance: Punjab & Haryana HC

The Punjab and Haryana High Court had said that husband can raise plea of adultery to resist the interim-maintenance proceedings instituted by the wife and evidence from social media can be considered by the Court at that stage.Justice Sumeet Goel said, "The husband is entitled to raise the plea of adultery by the wife; in proceedings pertaining to adjudication of interim maintenance and...

Psychiatrist Help To Drug Addicts Will Reduce Trafficking, Punjab & Haryana HC Directs States To Appoint Psychiatrists At De-Addiction Centres

The Punjab & Haryana High Court has said in order to ensure the well being of drug addicts, the Chief Secretaries of Punjab and Haryana, and advisor to UT Chandigarh must forthwith appoint psychiatrists at all the de-addiction centres on a regular basis.Justice Sureshwar Thakur and Justice Sudeepti Sharma opined that, "purveying of psychiatric medicine to drug addicts would ultimately...

S.111 BNS | State Can't Arrest First And Fish For Evidence Of "Organised Crime" Later: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that State cannot arrest a person for "organised crime" under Section 111 of the Bhartiya Nyaya Sanhita (BNS) without having any prima facie admissible evidence against him.The new law BNS, which replaced Indian Penal Code, added organised crime as an offence under Section 111, and if the crime results in the death of any person, maximum...

'Misused Official Position To Get Hefty Bribe', High Court Dismisses Former Punjab Forest Minister's Plea Challenging ED Arrest

The Punjab and Haryana High Court dismissed former Punjab Forest Minister Sadhu Singh Dharmasot's plea challenging ED arrest, observing that he being a public servant, had misused his official position and got hefty amount in bribe during his tenure in 2017 to 2021.Dharmasot was as an MLA for five consecutive terms since 1992 and was a Cabinet Minister from 2017 to 2021 in Punjab.He was...

High Court Cannot U/S 482 CrPC Release Convict On Probation When His Appeal Is Pending Before Sessions Court: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that the High Court cannot consider releasing on probation a person convicted under Section 304-A IPC for causing death by negligence, when his appeal is pending before the Sessions Court.A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said since alternate remedy was available, the convict cannot directly approach the...

Punjab & Haryana HC Refuses To Cancel Pre-Arrest Bail Granted To Juvenile Booked Under Wrong Provision Of SC/ST Act

The Punjab & Haryana High Court refused to cancel bail granted by the Sessions Court under wrong provision of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 1989 Act (SC/ST Act) to a then juvenile, accused of abusing and assaulting a member of a Scheduled Caste community.The accused was allegedly granted bail by the Sessions Court considering the provision of 3 (1)(r)...

Security Breach: HC Directs Not To Deploy Punjab Police For Security Of Judge Known For Exposing "Large-Scale Lapses Of Punjab Police"

The Punjab & Haryana High Court has directed not to deploy Punjab Police for security of a sitting HC judge who exposed "large-scale lapses on the part of investigating agencies" of Punjab and whose security was compromised in a recent incident.The division bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal has ordered deployment of officers of a "neutral" police force and...

Failure To Pay Hospital Dues : HC Asks Details Of Punjab Govt Funds Spent On Ads, Renovation Of Minister's Houses, Litigation

The Punjab & Haryana High Court has directed Punjab's Principal Secretary, Finance to file an affidavit giving expenses incurred by the State on publishing advertisement in print and audio-video media, expenses incurred on renovation of the houses of Miniters, MLAs, money spent on litigation at Delhi High Court and Supreme during the period, December 2021 till September 2024.The...