Punjab & Haryana High Court Weekly Round-Up: July 22 - July 28, 2024

Nominal Index [Citations 166-176]Manpreet Kaur v. State of Punjab 2024 LiveLaw (PH) 166Mrs. Shiv Dei Guleria v. Union of India and Ors 2024 LiveLaw (PH) 167Jitender Jatasra v. State of Haryana & Ors. 2024 LiveLaw (PH) 168Varinder Pal Singh Dhoot V. UOI & Anr. 2024 LiveLaw (PH) 169Gurpreet Singh Sabharwal v. State of Haryana and others 2024 LiveLaw (PH) 170Ritu v. State of Haryana & Ors 2024 LiveLaw (PH) 171Vikram Bajaj v. Union of India and others 2024 LiveLaw (PH) 172XXX v. XXX 2024 LiveLaw (PH) 173Bhupesh Kumar @ Happy v. State of Punjab 2024 LiveLaw (PH) 174Sourabh v. State of Haryana and others 2024 LiveLaw (PH) 175XXX v. XXX 2024 LiveLaw (PH) 176ReportsCalling New Criminal Laws By Abbreviations BNSS, BNS & BSA Not Illegal, Hard To Pronounce Titles Cause Lingual Barrier: Punjab & Haryana High CourtTitle: Manpreet Kaur v. State of PunjabCitation: 2024 LiveLaw (PH) 166In a first, the Punjab & Haryana High Court has said that it will not be "violation of any law" if the new criminal laws will be called by their abbreviations i.e BNSS, BNS, BNA instead of using the complete titles in FIR, Petitions and orders to simply lengthy Hindi terminology. Justice Anoop Chitkara opined that, "creating a shared linguistic space for people with different language backgrounds becomes crucial to fostering a sense of unity and inclusivity. The hard-to-pronounce titles cause lingual impediment, cognitive chaos, and tedium that can prevent the legal system from operating smoothly."'Unfortunate Situation': Punjab & Haryana High Court Flags Lackadaisical Attitude Of Union Govt In Complying With AFT OrdersTitle: Mrs. Shiv Dei Guleria v. Union of India and Ors.Citation: 2024 LiveLaw (PH) 167The Punjab & Haryana High Court has expressed "its deep disappointment and anguish towards the lackadaisical attitude" of the Union Government authorities for not complying with the Armed Forces Tribunal (AFT) orders.The development came while hearing a plea of a widow of retired army personnel seeking directions to the Union Government to implement AFT Chandigarh's direction to grant family pension pending implementation for the last one and a half years.SC/ST Act | Offensive Statement Must Be Judged Based On Standards Of Reasonable Man, Not On Views Of Hypersensitive Person: Punjab & Haryana HCTitle: Jitender Jatasra v. State of Haryana & Ors.Citation: 2024 LiveLaw (PH) 168The Punjab & Haryana High Court has quashed an FIR lodged under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) and IPC for allegedly passing casteist remarks against an IPS Officer and promoting enmity between different groups.The accused stated to be an activist had posted a comment on social media about the police atrocities along with video clips of alleged torture against an arrested person.Accused Cannot Directly Approach High Court Against Eviction U/S 8(4) PMLA When Appeal Pending Before Tribunal: Punjab & Haryana High CourtTitle: VARINDER PAL SINGH DHOOT V. UNION OF INDIA AND ANR.Citation: 2024 LiveLaw (PH) 169The Punjab and Haryana High Court has made it clear that the accused cannot directly approach the High Court challenging eviction under Section 8 (4) of the Prevention of Money Laundering Act (PMLA) when the appeal in pending before the Tribunal.The provision states that where the provisional order of attachment made is confirmed, the possession of such property may be taken in such manner as may be prescribed.Accused Bound To Join Investigation Under PMLA But Cannot Be Compelled To Make Self-Incriminating Statement: Punjab & Haryana High CourtTitle: Gurpreet Singh Sabharwal v. State of Haryana and othersCitation: 2024 LiveLaw (PH) 170The Punjab & Haryana High Court has said that the accused is duty-bound to cooperate in the investigation as per the summon issued under 50(2) of the Prevention of Money Laundering Act, 2002 (PMLA) but cannot be compelled to make an incriminating statement against himself in terms of the protection granted under Article 20(3) of the Constitution of India.Chief Justice Sheel Nagu and Justice Vikas Suri said, "The...fundamental right under Article 20(3) of the Constitution of India is available to be exercised as a shield by every accused in an offence punishable under the Prevention of Money Laundering Act which undoubtedly is a criminal law, promulgated to prevent money laundering and to provide for confiscation of property derived from, or involved in, money laundering and for matters connected therewith or incidental thereto."'Autocratic Attitude': Punjab & Haryana HC Imposes ₹75K Cost On PGIMS Rohtak For Arbitrarily Terminating Employee's ContractTitle: Ritu v. State of Haryana & Ors.Citation: 2024 LiveLaw (PH) 171The Punjab & Haryana High Court has imposed litigation cost of Rs.75,000 on Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical Sciences (PGIMS, Rohtak) for terminating the contract of its employee arbitrarily despite her good performance and service of ten...

Punjab & Haryana High Court Weekly Round-Up: July 22 - July 28, 2024

Aiman J. Chishti

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