Punjab & Haryana High Court Weekly Round-Up [October 16 To October 22, 2023]

Nominal Index X v. State of Haryana & Ors. 2023 LiveLaw (PH) 197Kuldeep Singh @ Sonu v. State of Punjab 2023 LiveLaw (PH) 198Nisha rani v. State of Punjab and others 2023 LiveLaw (PH) 199Gursharan Singh v. State of Punjab and others 2023 LiveLaw (PH) 200Rajesh Kumar Sharma and others v. State of Punjab and others 2023 LiveLaw (PH) 201Jyotsana Rawat and others v. State of Punjab and others 2023 LiveLaw (PH) 202X v. State of Punjab 2023 LiveLaw (PH) 203Raj Jit Singh Hundal v. State of Punjab & others 2023 LiveLaw (PH) 204Ashish Kapoor v. State of Punjab 2023 LiveLaw (PH) 205 X v. State of Punjab & Ors. 2023 LiveLaw (PH) 206ReportsMarried Individuals Entering Live-In Relationship Can't Be Denied Protection, Right To Life Sacrosanct: Punjab & Haryana HC Issues Guidelines To PoliceTitle: X v. State of Haryana & Ors.Citation: 2023 LiveLaw (PH) 197The Punjab & Haryana High Court has made it clear that married individuals entering into live-in relationship cannot be denied protection, irrespective of the Police's view about morality of such relationships.Justice Arun Monga observed that right to human life is to be treated on highest pedestal and cannot be taken away, except in accordance with law, irrespective of the nature of the relationship.Accused In NDPS Case Claims Police Planted Contraband On Him For Declining Extortion Demands: Punjab & Haryana High Court Orders SIT ProbeTitle: Kuldeep Singh @ Sonu v. State of PunjabCitation: 2023 LiveLaw (PH) 198Observing that "the individuals responsible for upholding the law and safeguarding citizens' rights have themselves transformed into aggressors and transgressors through the blatant misuse of police powers", the Punjab & Haryana High Court has directed to constitute Special Investigating Team (SIT) to probe alleged police misconduct in a NDPS case.It was alleged that the Police had falsely implicated the accused in NDPS case by planting the contraband when he refused to extortion demand of the police officials, "who picked him up from his work place in the morning of the fateful day."In A First, Punjab & Haryana High Court Suggests State To Use Artificial Intelligence To Identify 'Similar Cases' Which Are Already Settled By ItTitle: Nisha rani v. State of Punjab and othersCitation: 2023 LiveLaw (PH) 199Observing that "litigation is unnecessarily coming up" despite the settled law, in a first the Punjab & Haryana High Court has suggested the state government to take benefit of artificial intelligence to search the similar matters pending so that they can be identified and disposed of soon.Justice Sanjeev Prakash Sharma said, "this Court finds that in several cases, litigation is unnecessarily coming up before this Court in spite of settled law. The State Government is directed to examine all the cases which are pending before this Court in relation to the aforesaid issue and take steps for disposal of such cases."Not Adjusting Covid-19 Parole Period Towards Sentence May Risk Prisoners' Constitutional Rights: Punjab & Haryana HC Asks Govt To Frame GuidelinesTitle: Gursharan Singh v. State of Punjab and othersCitation: 2023 LiveLaw (PH) 200Observing that "individual released on involuntary parole during the pandemic could face a risk of violation of constitutional rights if required to return to prison without adjusting their sentences," the Punjab & Haryana High Court has directed the Punjab government to take a "considered decision" on whether the parole granted to prisoners during COVID-19 would be counted towards the sentence served by them.Justice Arun Monga said, "...it would be in the fitness of things to direct the respondents to take a considered decision and pass appropriate orders as to how the period of temporary release of the petitioner and other similarly placed large number of prisoners during and owing to the Covid-19 pandemic is to be treated specifying whether or not the same would count, and if yes, to what extent, towards the total period of their sentence.""Tailor-Made Wards To Ensure Success Of Few In Elections": High Court Declares 'Illegal' Delimitation Of 2 Municipal Councils, 1 Municipal Corp In PunjabTitle: Rajesh Kumar Sharma and others v. State of Punjab and othersCitation: 2023 LiveLaw (PH) 201The Punjab and Haryana High Court on Tuesday declared the entire delimitation exercise in Municipal Councils of Dera Baba Nanak, Dharamkot, and Municipal Corporation Phagwara, conducted since its inception, to be "illegal".The Court held that delimitation was done on irrelevant considerations and a glaring breach of Rules 3 to 8 of the Delimitation of Wards of Municipalities Rules, 1972.The delimitation exercise was done on the ground that numbers of voters have passed away and many have attained the majority, hence deletion and addition in the electoral roll is required. Rejecting these grounds the Court said, "...delimitation process for re-adjustment of wards cannot be done on these grounds, as the preparation and revision of electoral rolls...

Punjab & Haryana High Court Weekly Round-Up [October 16 To October 22, 2023]

Aiman J. Chishti

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