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Punjab & Haryana High Court Weekly Round Up- February 12 To February 18, 2024
Aiman J. Chishti
19 Feb 2024 1:00 PM GMT
Nominal IndexSohan Singh v. State of Punjab & ors. 2024 LiveLaw (PH) 40State of Haryana v. XXXX 2024 LiveLaw (PH) 41Jaikam Deen v. State of Haryana and others. 2024 LiveLaw (PH) 42XXX v. XXX 2024 LiveLaw (PH) 43 Varsha v. State of Haryana 2024 LiveLaw (PH) 44Avinash Dalmotra v. State of Punjab & others. 2024 LiveLaw (PH) 45 Pohlu @Polu Ram v. State of Haryana and others 2024 LiveLaw...
Nominal Index
Sohan Singh v. State of Punjab & ors. 2024 LiveLaw (PH) 40
State of Haryana v. XXXX 2024 LiveLaw (PH) 41
Jaikam Deen v. State of Haryana and others. 2024 LiveLaw (PH) 42
XXX v. XXX 2024 LiveLaw (PH) 43
Varsha v. State of Haryana 2024 LiveLaw (PH) 44
Avinash Dalmotra v. State of Punjab & others. 2024 LiveLaw (PH) 45
Pohlu @Polu Ram v. State of Haryana and others 2024 LiveLaw (PH) 46
Ravi Shanker Gupta v. State of Haryana and another. 2024 LiveLaw (PH) 47
Amrik Singh and others v. Central Bureau of Investigation, Chandigarh 2024 LiveLaw (PH) 48
Dr. William Dean v. State of Punjab & another. 2024 LiveLaw (PH) 49
Nishan Singh v. State of Punjab & others 2024 LiveLaw (PH) 50
Citation: 2024 LiveLaw (PH) 40
Title: Sohan Singh v. State of Punjab & ors.
The Punjab and Haryana High Court has refused to quash an FIR on the basis of compromise, lodged for killing and injuring buffaloes by rash and negligence driving, observing that animals require self-determination and have "right to bodily integrity, honour and dignity." Justice Harsh Bunger opined that, "animals may be mute but we as a society have to speak on their behalf and no pain or agony should be caused to the animals. Cruelty to animals also cause psychological pain to them. Animals breathe like humans and have emotions; they require food, water, shelter, normal behavior, medical care, self-determination. The animals have a right to life and bodily integrity, honor and dignity. Animals cannot be treated merely as property."
Citation: 2024 LiveLaw (PH) 41
Title: State of Haryana v. XXXX
The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.
A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown on the account of the fact that the accused has two more children..."
Citation: 2024 LiveLaw (PH) 42
Title: Jaikam Deen v. State of Haryana and others.
The Punjab & Haryana High Court has pulled up the Panchayat and Sarpanch of certain villages, for "arbitrary demolition of structures" in violation of High Court's ruling on guidelines on Gram Panchayat's authority on initiating demolition proceedings.
A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "In consequence for obviating the further perpetuation of arbitrary and brazen misuse of provisions (of Haryana Panchayat Raj Act) by the Sapranches concerned, this Court makes a direction, upon, the Registry of this Court to forthwith transmit the verdict (Karambir and others v. State of Haryana and others) to the Principal Secretary (Revenue), to the Government of Punjab and also to the Principal Secretary (Revenue), to the Government of Haryana, who shall thereafter transmit the same to all the Panchayats concerned, so that complete compliance thereto thus, is made by all concerned."
Citation: 2024 LiveLaw (PH) 43
Title: XXX v. XXX
The Punjab & Haryana High Court has held that non-recovery of dowry articles cannot ordinarily be the only grounds for declining a plea for grant of anticipatory bail to a husband or his relatives, accused of cruelty.
These observations came in a plea by the husband who was seeking anticipatory bail for the offenses of allegedly committing cruelty upon his wife under Sections 406, 498-A IPC. Opposing the bail, the wife argued that the entire dowry articles were yet to be recovered from the petitioner who is intentionally avoiding handing them over.
Citation: 2024 LiveLaw (PH) 44
Title: Varsha v. State of Haryana
The Punjab & Haryana High Court has granted interim bail for three months, to an eight-month pregnant woman accused in a murder case observing that being detained while pregnant may lead to heightened stress levels, which can negatively impact both the mother and the unborn child.
Justice Harkesh Manuja said, "Detention facilities might not be equipped to provide the necessary medical care and attention that pregnant women require and thus, grant of interim bail allows them to access proper medical facilities and prenatal care, which is crucial for their well-being and the well-being of their unborn child. Further, being detained while pregnant may lead to heightened stress levels, which can negatively impact both the mother and the unborn child and at this stage well-being or the unborn child is a paramount concern.
Title: Avinash Dalmotra v. State of Punjab & others.
Citation: 2024 LiveLaw (PH) 45
The Punjab and Haryana High Court has made it clear that the candidates governed under Punjab Civil Services Rules, which prescribe matriculation certificate in Punjabi language as an essential qualification for Group A, B and C services "in connection with the affairs of Punjab," can clear the certificate exam before the date of appointment, obtaining it before the date of application is not necessary.
Justice Jagmohan Bansal said from the conjoint reading of the advertisement and Rule 17 of the 1994 Rules (of Punjab Civil Services (General and Common Conditions of Service) Rules, 1994), it is evident that "neither advertisement nor Rule 17 enjoins that candidate must have cleared matriculation exam before the closing date for submission of application. The requirement is that candidate must have cleared exam of Punjabi language before the date of appointment.."
Citation: 2024 LiveLaw (PH) 46
Title: Pohlu @Polu Ram v. State of Haryana and others
The Punjab and Haryana High Court has held that citing the crime for which an accused is already punished for denying premature release would amount to "double jeopardy."
Justice Harpreet Singh Brar said, "It appears that certain petitioners were denied premature release on the ground that they were likely to be a threat to the society. However, the reasons for concluding this are conspicuously absent from the orders. The petitioners have already been punished once for the crime they have been convicted for and citing the same as a means to deny them premature release would amount to double jeopardy. There is no reason to deny premature release to petitioners who have maintained good behaviour and availed multiple paroles and furloughs and surrendered on time, without recording of any untoward incidents."
Citation: 2024 LiveLaw (PH) 47
Title: Ravi Shanker Gupta v. State of Haryana and another.
The Punjab and Haryana High Court has made it clear that the police has no power to investigate or prosecute any offence under Air Act and Water Act.
Justice Harpreet Singh Brar said, "this Court is of the considered opinion that the police has no power either to investigate, prosecute or deal with any offence either under the Water Prevention and Control of Pollution) Act, 1974 or under the Air (Prevention and Control of Pollution) Act, 1981."
Citation: 2024 LiveLaw (PH) 48
Title: Amrik Singh and others v. Central Bureau of Investigation, Chandigarh
The Punjab & Haryana High Court has declined to grant anticipatory bail to policemen accused of custodial death of a detainee, considering not only the mode and manner in which the alleged crime was carried out but also the 'brazen attempts made to conceal the alleged crime.
Justice Manjari Nehru Kaul said, "It would not be out of place to note that custodial deaths represent a reprehensible abuse of power given the vulnerability of detainees and the unequal power dynamics at play. The loss of life while in custody raises grave concerns about accountability/transparency and the very foundation of rule of law."
Citation: 2024 LiveLaw (PH) 49
Title: Dr. William Dean v. State of Punjab & another.
The Punjab & Haryana High Court has taken action against 'misuse of the legal process and filing of 'frivolous litigation' by imposing a cost of Rs. 10 lakh on a man who fled the country in disobedience of the Court's directions and subsequently filed a plea seeking quashing of the cheating case against him.
Dr. William Dean was booked for cheating and granted bail by the Trial Court with the condition that he could not leave the country without the Court's permission. His application seeking permission to visit abroad was also rejected. However, it was submitted that he left the country without permission and never returned.
Citation: 2024 LiveLaw (PH) 50
Title: Nishan Singh v. State of Punjab & others
The Punjab & Haryana High Court has made it clear that a prisoner should not be denied the chance to attend a significant family event, merely because the family members are not dependent on the prisoner.
While allowing parole to a prisoner serving a sentence under Section 15 of the NDPS Act, Justice Anoop Chitkara said, "A prisoner should not be ordinarily denied the opportunity of attending a significant family event merely because the immediate relatives, in addition to friends and the neighbors, have become accustomed to usually caring for the family members of a person under incarceration and the family is not dependent on the prisoner."
Other Development
Title: Uday Pratap Singh v. UOI & Ors.
The Punjab and Haryana High Court today asked the Central and State governments to file an affidavit based on their meeting with the farmers which is scheduled to be held today.
A division bench of Acting Chief Justice GS Sandhawalia and Justice Vikas Suri was hearing two pleas, one filed against blockade of roads by the protesting farmers and the other against "obstructive" measures adopted by the Haryana government to prevent them from marching towards Delhi.
Case Title: Uday Pratap Singh v. UOl & Ors.
Amid the ongoing protest by farmers who are statedly marching towards Delhi in demand of a law guaranteeing MSP, the Punjab and Haryana High Court today called for an amicable settlement between the parties.
A division bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji also asked the State governments to determine protest sites until then. Notices have been issued to Centre and governments of Punjab, Haryana and Delhi.
Case Title: Arvind Seth v. State of Punjab & Ors.
A PIL has been filed in the Punjab and Haryana High Court seeking directions to States, Union to ensure that all the National and State Highways and railway tracks falling in the State of Punjab and Haryana are not blocked by the farmer's protest and immediate action be taken against the said agitators, as per the provisions of National Highway Act, 1956.
Arvind Seth, a lawyer by profession, has moved the Court seeking directions to both the States and Centre to take all preventive measures to maintain law and order throughout the States of Punjab and Haryana and further seeking direction to take all necessary actions to ensure that free flow of public at large is not stopped.
Title: Yograj Singh alia Yoga alias Garry v. State Punjab.
The Punjab & Haryana High Court on Thursday, impleaded the CBI in a case of "apparent" drug trafficking from Amritsar's Central Jail, involving jail officials.
While impleading CBI as a respondent and issuing notice, Justice NS Shekhawat observed that,"when the police has not even bothered to investigate against the jail officials and has not looked into their involvement in the smuggling, it would be impossible for the ADGP (Prisons) to even take departmental action against them. Thus, it is apparent that every effort has been made to shield the erring jail officials, who were involved in the crime with the principal accused. Apart from that, no efforts were made to collect the evidence against the other accused also."
A petition has been filed before the Punjab and Haryana High Court challenging the "obstructive actions" of the Central and State governments, including sealing of border between Haryana and Punjab in order to "prevent the farmers from exercising their constitutional right to assembly and protest peacefully."
The plea also questions the suspension of mobile internet services and bulk SMS in several districts of Haryana including Ambala, Kurukshetra, Kaithal, Jind, Hisar, Fatehabad, and Sirsa, stating that, it "frurther exacerbate the situation, depriving the citizens of their right to information and communication."
Title: Vivek Tiwari & anr. v. P&H HC and ors.
The Punjab & Haryana High Court has issued notice on a plea seeking directions to use A4 Size paper with print on both sides instead of legal size paper with single side printing, for all the pleadings and documents filed in the High Court and subordinate courts, to avoid wastage of paper and to save trees. "Keeping in view the fact that the issue is of public importance and the optimum usage of paper", a division bench of Acting Chief Justice GS Sandhawalia and Justice Vikas Suri issued notice
"Keeping in view the fact that the issue is of public importance and the optimum usage of paper", a division bench of Acting Chief Justice GS Sandhawalia and Justice Vikas Suri issued notice to the High Court through Registrar General, Registrar (Rules), State of Punjab, Haryana and the Chandigarh administration.
The Supreme Court Collegium has recommended the appointment of the ten additional judges of the Punjab & Haryana High Court, as permanent judges.
