Punjab & Haryana High Court Weekly Round Up: January 15 - January 21, 2024

Citations: 2024 LiveLaw (PH) 15 To 2024 LiveLaw (PH) 22Deepak Kumar v. Union of India and others 2024 LiveLaw (PH) 15X v. State of Punjab & Ors. 2024 LiveLaw (PH) 16State of Haryana v. Indraj 2024 LiveLaw (PH) 17Davinder Kaur v. State of Punjab and others 2024 LiveLaw (PH) 18Sarabjeet Singh Sidhu v. State of Punjab & Ors. 2024 LiveLaw (PH) 19 X v. State of Punjab & Ors 2024 LiveLaw (PH) 20Geeta Devi and another v. State of Punjab and another 2024 LiveLaw (PH) 21Vansh Sangwan v. Central Board of School Education and others 2024 LiveLaw (PH) 22No Absolute Bar On Appointment In Armed Forces When Acquittal In Moral Turpidute Case Was Due To Benefit Of Doubt: Punjab & Haryana High CourtCitation: 2024 LiveLaw (PH) 15Title: Deepak Kumar v. Union of India and othersThe Punjab & Haryana has made it clear that acquittal on the ground of "benefit of doubt" in moral turpitude, cases is not an absolute bar for appointment in the Armed Forces.The petitioner was appointed as constable in the Indo=Tibetan Border Police Force (ITBP) on compassionate grounds, however, his appointment letter was cancelled because he disclosed that he was implicated in a POCSO case wherein he was acquitted."Compounds To Agony Of Child": Punjab & Haryana High Court Allows Minor Rape Victim's Plea For Termination Of PregnancyCitation: 2024 LiveLaw (PH) 16Title: X v. State of Punjab & Ors."Where the denial of dignity and social as well as family acceptance or approval is a writing on the wall, it compounds agony of the child and leads to greater injustice", the Punjab & Haryana High Court said while allowing a minor rape victim to terminate over 12 weeks of pregnancy.While noting that pregnancy is "an outcome of violation of the minor", Justice Vinod S. Bhardwaj said, "the child, if born, is not a reminder of good memories, but shall be a reminder of trauma and agony she had to undergo. As an unwanted child, the member is also likely to either live a tormenting life filled up with taunts to his/her origin or only to be given away. In either of the said situation, the mother as well as the child shall suffer social stigma and incarceration for rest of their lives."No Application Of Mind: High Court Takes Exception To "Cavalier Approach" In Filing Bail Cancellation Plea, Imposes 10K Cost On Haryana GovtCitation: 2024 LiveLaw (PH) 17Title: State of Haryana v. IndrajThe Punjab & Haryana High Court has imposed a cost of Rs. 10,000 on Haryana for filing cancellation of an anticipatory bail in an extortion case "without application of mind."Justice Harpreet Singh Brar said, "It appears that learned Public Prosecutor has recommended to file the present petition seeking cancellation of bail granted to respondent in a mechanical manner without application of mind and such a whimsical and capricious approach is required to be depreciated."'Lackadaisical Approach': HC Imposes ₹1 Lakh Cost On Punjab Govt For Denying Retiral Benefits, Pension To Widow Of Constable Who Died In Line Of DutyCitation: 2024 LiveLaw (PH) 18Title: Davinder Kaur v. State of Punjab and others The Puniab & Haryana High Court imposed a cost of Rs. 1 lakh on the Puniab Government for its "lackadaisical approach" in denying death-cum- retiral benefits and family pension to widow of a constable who died on duty.The petitioner-widow was denied the pension on the ground that the salary was released to the deceased husband of the petitioner while he was under treatment and the same was recoverable as directed by the Accountant General and since the petitioner refused to make the said payments, the death-cum-retiral benefits and other retiral benefits had been withheld.Claim For Employment By Family Members Of Martyred Defense Personnel Cannot Be Put On Lower Pedestal Than Family Of Police Martyrs: P&H High CourtCitation: 2024 LiveLaw (PH) 19Title: Sarabjeet Singh Sidhu v. State of Punjab & Ors.The Punjab & Haryana High Court has made it clear that the State cannot adopt different yardsticks for considering the compassionate appointment of the dependents of martyrs from Police forces and Armed Forces Personnel.The petitioner's grandson was the nephew of a martyred defense personnel, and was denied consideration for a position in the Punjab Police because, according to the state, only Punjab Police martyrs could be considered for those posts.Technical Objections Like Limitation Can't Stand In Way Of Victim Compensation: Punjab & Haryana HC Orders Compensation To Gang Rape VictimCitation: 2024 LiveLaw (PH) 20Case Title: X v. State of Punjab & OrsThe Punjab & Haryana High Court has made it clear that technical objections like limitation in filing the application for victim compensation should not stand in a way of the social welfare object sought to be served by the Victim Compensation Scheme.While allowing the plea for compensation of a gang rape victim, Justice Vinod S. Bhardwaj said, "the scheme being benevolent and intended to rehabilitate and compensate a victim of atrocity, such technical...

Punjab & Haryana High Court Weekly Round Up: January 15 - January 21, 2024

Aiman J. Chishti

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