Punjab & Haryana High Court Weekly Round-Up: January 29 - February 3, 2024

Citation 2024 LiveLaw (PH) 26- Citation 2024 LiveLaw (PH) 32

Nominal Index

Vijay Pal Singh v. State of Haryana 2024 LiveLaw (PH) 26

 X v. The Postgraduate Institute Of Medical Edu. & Research, Chandigarh 2024 LiveLaw (PH) 27

Sanjay Upadhya v. State of Punjab 2024 LiveLaw (PH) 28

Amrik Singh & Ors v. UT OF Chandigarh Through its Principal Secretary & Ors 2024 LiveLaw (PH) 29

 XXX v. XXX 2024 LiveLaw (PH) 30

Gurpreet Singh @ Gopi v. State of Punjab 2024 LiveLaw (PH) 31

Paramraj Singh Umranangal v. UOI & Ors 2024 LiveLaw (PH) 32

Reports

'Custodial Inquiry Required To Unearth Scam', P&H High Court Refuses Anticipatory Bail To NCERT HOD Accused Of Demanding Bribe For Giving Book Supply Contract

Citation: 2024 LiveLaw (PH) 26

Case Title: Vijay Pal Singh v. State of Haryana

The Punjab & Haryana High Court has refused to grant anticipatory bail to Head Of Division of Educational Kits, National Council of Educational Research and Training (NCERT) accused of demanding illegal gratification from a bidder for processing bills and renewing contract for supplying educational kits.

Justice Anoop Chitkara said, "the petitioner's custodial interrogation is required to find out the involvement of other officials of NCERT and to unearth the scam of corruption going on in NCERT, where these officials take money even from the book supplier for supply of books to young school-going children."

[Rape On False Promise To Marry] Punjab & Haryana HC Permits Woman To Terminate "Unwanted" Pregnancy, Says It May Affect Her Opportunities In Life

Citation: 2024 LiveLaw (PH) 27

Title: X v. The Postgraduate Institute Of Medical Edu. & Research, Chandigarh.

The Punjab and Haryana High Court has allowed a woman claiming to have been raped on false promise of marriage to terminate the pregnancy of over 12 weeks, observing that an unwanted pregnancy may effect her ability to pursue other opportunities in life, such as employment and contributing to her family's income.

Justice Vinod S. Bhardwai said, "Forced into an unwanted pregnancy, a woman is likely to experience significant physical and emotional challenges. Dealing with the aftermath of such a pregnancy, even after childbirth, places an extra burden on the petitioner, affecting her ability to pursue other opportunities in life, such as employment and contributing to her family's income."

NDPS Act | Cannabis Seeds With Flowering Tops Constitute 'Ganja', Entire Material Weighed To Determine Quantity: Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 28

Title: Sanjay Upadhya v. State of Punjab

The Punjab and Haryana High Court has made it clear that cannabis seeds, if accompanied by flowering tops, would fall within the definition of 'ganja' under Section 2 (ili)(b) of the NDPS Act and entire weight of the material would be taken into consideration in order to ascertain the total weight of the contraband.

Justice Deepak Gupta said, "no doubt that material recovered from the petitioner included the seeds but the same were accompanied by flowering tops dried of the cannabis plant and, therefore, prima-facie the seeds accompanied by the flowering tops would fall within the definition of 'ganja' and entire weight of the material is to be taken into consideration in order to know the total weight of the contraband recovered."

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential

Citation: 2024 LiveLaw (PH) 29

Title: Amrik Singh & Ors v. UT OF Chandigarh Through its Principal Secretary & Ors.

Observing that mother being a "natural guardian of the illegitimate minor girl child cannot be left to the mercy of her oppressor, the Punjab & Haryana High Court has allowed the then 13 years old rape victim to give the child in adoption without the concurrence from the biological father.

The dispute occurred when the registrar refused to register the adoption deed of the child stating that as per the Hindu Adoptions and Maintenance Act, 1956, a mother/natural guardian can give the child in adoption only after obtaining consent of the father.

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 30

Title: XXX v. XXX

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 (1) of the Family Courts Act

For context as per Section 19(1) of the Family Court, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court. Section 19(5) states, "Except as aforesaid, no appeal or revision shall lie to any Court from any judgement order or decree of a Family Court."

Gangster Ecosystem In Punjab Must Be Dealt With Iron Hand: Punjab & Haryana High Court Denies Bail In Extortion Case

Citation: 2024 LiveLaw (PH) 31

Title: Gurpreet Singh @ Gopi v. State of Punjab

Observing that gagsters in Punjab must be dealt with an iron hand and they do not deserve any lenient treatment from Court, the Punjab & Haryana High Court has refused to grant bail to an alleged gang member in an extortion case.

Justice Harpreet Singh Brar said, "This Court cannot shut its eyes to immediate societal concerns. The ecosystem of gangsters mushrooming in the State of Punjab must be dealt with an iron hand and these elements do not deserve any lenient treatment from the Court as only then, can the citizens live a fulfilling life and contribute to the growth of the nation."

P&H High Court Directs Reinstatement Of Gallantry-Awarded IGP Who Was Suspended After 2015 Firing On Protestors, Says No Procedure Was Followed

Citation: 2024 LiveLaw (PH) 32

Title: Paramraj Singh Umranangal v. UOI & Ors.

Observing that "state cannot pick and choose rules of their suitability", the Punjab & Haryana High Court has quashed the suspension orders of Punjab's Inspector General of Police (IGP) and directed the State to allow him to join services.

IGP Paramraj Singh Umranangal was suspended in 2019 after he was arrayed as an accused in a police firing case in 2015, following an incident of sacrilege.

Other Developments

Justice GS Sandhawalia To Be Acting Chief Justice Of Punjab & Haryana High Court

The Central government has notified the appointment of Justice Gurmeet Singh Sandhawalia of the Punjab and Haryana High Court as acting Chief Justice of the High Court.

The appointment is effective from the date Justice Ritu Bahri relinquishes the charge of Acting Chief Justice of the Punjab and Haryana High Court, following her elevation as Chief Justice of the Uttarakhand High Court.

Last year the division bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan stayed the demolition drive carried out by the Haryana authorities in communal violence-hit Nuh and Gurugram.

Acquitted Pakistani Children Found Detained: Punjab & Haryana HC Takes Suo Moto Cognizance Of Prisoners Languishing In Jails Despite Acquittal

Title: Court on its own motion v. State of Punjab & Ors

The Puniab and Haryana High Court today took suo moto cognizance of the issue of prisoners languishing in jails despite acquittal. A division bench of Acting Chief Justice Ritu Bahri and Justice Nidhi Gupta while issuing notice to the Punjab Government, asked it to submit how many detainees are languishing in jails despite acquittal.

The development came after two juveniles from Pakistan languishing in Juvenile Homes submitted before Justice N.S. Shekhawat, who is also administrative judge of Faridkot Sessions Divisions that they are detained even after they are acquitted in April 2023 and their case for repatriation is pending before Department of Directorate of Social Security and Woman and Child Development, Punjab.

'Committed Fraud With Court', Punjab & Haryana High Court On Runaway Couple Seeking Protection Against Woman's Parents Who 'Died Long Ago

Case Title: X v. State of Haryana & Others.

The Punjab & Haryana High Court on Friday called out the fraud played on it by a runaway couple seeking protection against the woman's parents, who were found to have passed away long ago.

Perusing the status report submitted by Panchkula Police, Justice Sandeep Moudgil said, "A perusal of the aforesaid extract depicts that the petitioners have committed a fraud with the Court knowingly and deliberately leaving no doubt to the fact that a daughter cannot be assumed to have no knowledge about the death of her parents, which took place on 02.08.2002 i.e., the date, when father of petitioner No. 1 had expired and 29.04.2010 i.e., the date, when mother of petitioner No. 1 had expired qua which the death certificate issued by Municipal Corporation, Khatoli (Uttar Pradesh)..."

Chandigarh Mayor Polls: High Court Seeks UT Admin's Response On AAP Councillor's Plea Alleging Vote Tampering But Refuses To Stay Election Result

Title: Kuldeep Kumar v. U.T. Chandigarh and others.

The Punjab and Haryana High Court has sought response from the Chandigarh UT administration and the Municipal Corporation of Chandigarh on a plea filed by AAP Councillor Kuldeep Kumar, alleging vote tampering in the Mayor Elections where BJP candidate emerged victorious on Tuesday.

While issuing notice on the plea, a division bench of Justice Sudhir Singh and Justice Harsh Bunger granted three weeks time to the respondents.

Chandigarh Mayor Election: High Court Allows Urgent Listing Of AAP Councillor's Plea For Fresh Polls Over Alleged Vote Tampering

Title: Kuldeep Kumar v. U.T. Chandigarh and others.

The Punjab and Haryana High Court has allowed urgent listing of a plea moved by AAP Councillor Kuldeep Kumar challenging the Chandigarh mayoral election over alleged tampering of ballot paper.

BJP councilor Manoj Sonkar had emerged victorious after the polling. Kumar alleged that the election was conducted in violation of High Court's order and prays that the polls be conducted afresh. The matter was mentioned today before the bench of Justice GS Sandhawalia and Justice Lapita Banerji.

Runaway Couples: Punjab & Haryana Govts To Consider Feasibility Of Appellate Body To Redress Grievance Against Police Order On Protection Plea

Case Title: X v. STATE OF HARYANA AND OTHERS

\While contemplating a mechanism to avoid flooding of courts with protection pleas by runaway couples, the Punjab and Haryana High Court was informed that the concerned State governments will consider the feasibility of appointing an Appellate Authority to adjudicate on any grievance after a representation seeking protection is dealt with by the Police.

"Punjab, Haryana and U. T., Chandigarh promised to explore the feasibility of placing an Appellate Authority to adjudicate of any appeal by aggrieved party after redressal of the representation at the first instance," bench of Justice Sandeep Moudgil noted.