Punjab & Haryana High Court Weekly Round Up: September 11 To September 17, 2023

Nominal Index

Chandeep Singh @ Gabbar Singh v. National Investigation Agency 2023 LiveLaw (PH) 167

Zile Singh v. Joginder Singh and ors. 2023 LiveLaw (PH) 168

Subhash v. State of Haryana & Ors. 2023 LiveLaw (PH) 169

Dhananjay Chauhan v. Sanjeev Kaushal and others 2023 LiveLaw (PH) 170

Rampal v. State of Haryana 2023 LiveLaw (PH) 171

X v. State 2023 LiveLaw (PH) 172

Reports

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.

Case Title: Chandeep Singh @ Gabbar Singh v. National Investigation Agency

Citation: 2023 LiveLaw (PH) 167

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

Case Title: Zile Singh v. Joginder Singh and ors.

Case Citation: 2023 LiveLaw (PH) 168

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.

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

Case Title: Subhash v. State of Haryana & Ors.

Citation: 2023 LiveLaw (PH) 169

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.

Transgender Protection Cells Shall Be Constituted At State, District Level: Haryana's Chief Secretary To High Court

Case Title: Dhananjay Chauhan v. Sanjeev Kaushal and others

Citation: 2023 LiveLaw (PH) 170

The Chief Secretary of Haryana has submitted before the Punjab & Haryana High Court today, that the State has approved setting up of Transgender Protection Cell at State level as well as District level in Haryana.

'Used Devotees As Human Shields To Resist Arrest': P&H High Court Denies Bail To Self-Styled Godman Rampal Accused Of Waging War Against India

Case Title: Rampal v. State of Haryana

Citation: 2023 LiveLaw (PH) 171

The Punjab & Haryana High Court has dismissed the bail plea of self-styled Godman Rampal, who was booked for an attempt to wage war against the government in 2014. Rampal had allegedly garnered a huge crowd of devotees in front of his ashram to resist his arrest in connection with a murder case and perpetrated large-scale violence with the police forces.

Married Persons' Entry Into Live-In Relationship 'Illicit': Punjab & Haryana High Court Refuses Police Protection, Imposes Cost

Case Title: X v. State

Citation: 2023 LiveLaw (PH) 172

The Punjab & Haryana High Court recently imposed a fine of Rs. 2,500 on already married individuals entering into a live-in relationship who had approached the court seeking police protection.

Justice Alok Jain called it a 'classic case of an illicit relationship' while reiterating that married individuals cannot enter live-in relationships with others during the subsistence of their marriage.

Other Developments

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

Case Title: Mamman Khan v. State of Haryana and ors.

A Congress MLA from Firozepur Jihirka, Mewat, Mamman Khan has moved Punjab & Haryana High Court, 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.

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

Case Title: Shikha and others vs. State of Haryana and others

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.

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

Case Title: Shikha and others vs. State of Haryana and others

The Punjab and Haryana High Court has summoned Haryana government's Joint Secretary at 2 PM on Wednesday, 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.

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

Case Title: Shikha and others vs. State of Haryana and others

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.

Supreme Court Collegium Recommends Making 11 Additional Judges Of Punjab & Haryana High Court Permanent

The Supreme Court Collegium has recommended the names of eleven Additional Judges of the High Court of Punjab and Haryana, for appointment as permanent judges.

Haryana Govt Justifies Rejecting High Court's Recommendations On District Judges Appointment, Cites Legal Opinion By Union Law Ministry

The Haryana government  defended its action of rejecting the recommendations made by the High Court for appointment of Additional and District Sessions judges in the State.

Nuh Violence: Haryana Police Names Congress MLA Mamman Khan As Accused, High Court Issues Notice On His Plea For SIT Probe Into Violence

Days after Congress MLA Mamman Khan moved the Punjab & Haryana High Court seeking SIT probe into the incidents of violence that took place in Nuh, the Haryana government has informed the High Court that he is also a named accused in the matter.