Punjab & Haryana Weekly Round-Up: October 23 - October 29, 2023

Nominal Index [ Citations: 2023 LiveLaw (PH) 208- 2023 LiveLaw (PH) 216] X v. State of Haryana & Ors. 2023 LiveLaw (PH) 208 Sukhpreet Kaur v. State of Punjab 2023 LiveLaw (PH) 209Kapil v. State of Haryana and others 2023 LiveLaw (PH) 210Parveen Kumar v. State of Haryana 2023 LiveLaw (PH) 211 Kuldeep Singh v. State of Punjab and another 2023 LiveLaw (PH) 212The Mahabir Education Welfare Society v. The State of Haryana and others 2023 LiveLaw (PH) 213Mohit Bedi v. State of Punjab 2023 LiveLaw (PH) 214 X v. State of Punjab & Ors. 2023 LiveLaw (PH) 215Guru Nanak Vidya Bhandar Trust, Daryaganj, New Delhi v. State of Punjab and others 2023 LiveLaw (PH) 216Judgements/OrdersPunjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To LifeTitle: X v. State of Haryana & Ors.Citation: 2023 LiveLaw (PH) 208Observing that abortion at such an advanced stage would "not only endanger the life of the minor victim but is likely to premature delivery of child", the Punjab & Haryana High Court has refused to direct termination of 33 weeks old pregnancy of a minor rape victim.The Medical board also opined that it will not be safe and would be life threatening to the mother due to advance gestational age and considering that she is a minor.While noting that on the date of filing of the petition the pregnancy is already "more than 33 weeks", Justice Vinod S. Bhardwaj said, "The passage of time and delay on the part of the petitioner in approaching this Court has only further aggravated the said aspect. There is no material available on record with this Court on the basis whereof this Court may differ with the opinion expressed by the Medical Board. Directing medical termination of this pregnancy at such an advanced stage would not only endanger life of the minor victim but is also likely to lead to a pre-mature delivery of the unborn child who may further suffer from abnormality as a result of such attempt."Punjab & Haryana High Court Grants Bail To Woman Detained With Child In UAPA Case, Says No Incriminatory Material Against HerTitle: Sukhpreet Kaur v. State of PunjabCitation: 2023 LiveLaw (PH) 209The Punjab & Haryana High Court granted bail to a woman who had been detained in 2022 under the stringent Unlawful Activities (Prevention) Act, 1967, based on the disclosure statement of her husband.Vijay Singh stated that his wife, Sukhpreet Kaur, supported him in the illegal activities. Singh in his disclosure statement said that he collected a parcel containing a hand grenade, a pistol, and other explosives from the border area. Kaur was at the advance stage of pregnancy when booked under the Act and delivered the child in the prison.While noting that no incriminating material can be found against Kaur, the Court said there is no prima facie evidence to implicate her for the alleged offence under Sections 10, 13,18 & 20 of the UAPA.A division bench of Justice Anupinder Singh Grewal and Justice Lalit Batra said, "We are conscious of the fact that the provisions of the UAPA are stringent. At the same time. it is necessary for the Court to carefully scrutinize and peruse the material against an accused."Mere Likelihood Of Absconding While On Parole Not Sufficient Ground To Decline Temporary Release: Punjab & Haryana High CourtCase Title: Kapil v. State of Haryana and othersCitation: 2023 LiveLaw (PH) 210The Punjab & Haryana High Court recently granted parole to a man convicted for murder and sentenced to life imprisonment observing that likelihood of absconding of the prisoner is not a sufficient ground to reject temporary release.A division bench of Justice Lisa Gill and Justice Ritu Tagore emphasized that the mere likelihood of absconding while on parole was not a sufficient ground for denial, as it did not indicate a threat to the security of the state or public order.Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating EvidenceCase Title: Parveen Kumar v. State of HaryanaCitation: 2023 LiveLaw (PH) 211The Punjab & Haryana High Court recently dismissed a plea to preserve the call records of a police officer who arrested the petitioner in the NDPS Act observing that for the possibility of creating evidence in favour of the accused, it cannot go to the extent of breaching privacy of a police officer.Justice Rajbir Sehrawat added that just to give credence to the petitioner's assumption, the court cannot go into a roving inquiry."Even if the assumption of the petitioner is taken to be having some substance, then also it is not necessary that when the police had gone to arrest the petitioner at some alleged other place, then they would necessarily be having their own mobile phones with them. Therefore just for the possibility of creating any evidence in favour of the petitioner; court cannot go to the extent of breaching the privacy of the police official qua use of their mobile phones," said the...

Punjab & Haryana Weekly Round-Up: October 23 - October 29, 2023

Aiman J. Chishti

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