Preventive Detention | P&H High Court Quashes Confirmation Order For 'Non-Application Of Mind', Directs Release Of Detenue

The Punjab & Haryana High Court has quashed a preventive detention confirmation order under the PITNDPS Act, holding that the State Government cannot mechanically rely on the Advisory Board's opinion and must independently apply its mind while confirming detention and determining its duration.Justice Sumeet Goel said, "Any confirmation order that acts as a perfunctory rubber stamp or a mechanical/boilerplate replication of the Advisory Board's opinion suffers from a fatal non-application of...

P&H High Court Imposes ₹6 Lakh Costs On Congress MLA Sukhpal Singh Khaira For Misusing Contempt Jurisdiction In Encroachment Dispute

The Punjab & Haryana High Court has dismissed Congress MLA Sukhpal Singh Khaira's contempt plea alleging illegal demolition, holding that contempt jurisdiction cannot be invoked to adjudicate disputes relating to alleged encroachment on public land. The Court imposed exemplary costs of ₹6 lakh on him for misuse of judicial process.Justice Sudeepti Sharma was dealing with a plea filed by Khaira, who alleged wilful disobedience of the directions issued by the Supreme Court in Re: Directions in...

Imprisonment For Non-Payment Of Fine Must Be Proportionate To Amount Unpaid: Punjab & Haryana High Court In NI Act Case

The Punjab & Haryana High Court has reduced the sentence of a convict in a cheque bounce case to the period already undergone, while enhancing the compensation payable to the complainant, underscoring the principle that the “cost of liberty must be proportionate” when imprisonment is imposed for non-payment of monetary dues.Justice Anoop Chitkara said, "The fundamental principle that has emerged as a core doctrinal concern in criminal jurisprudence is the price a convict pays for the...

'Will Gangsters Stop If You Abstain From Work?' Punjab & Haryana High Court Raps Lawyers

The Punjab & Haryana High Court rapped lawyers for abstaining from work post-lunch today in a bid to express solidarity with former High Court Bar Secretary Gagandeep Jammu, on whom some unidentified assailants opened fire.The Court had taken suo motu cognisance of the incident and directed the authorities to ensure his protection while also expediting the investigation into the...

Hotels Must Properly Verify Guest IDs, Maintain CCTVs To Prevent Misuse Of Premises For Crimes Against Women, Children: P&H High Court

The Punjab and Haryana High Court has directed authorities in Haryana to examine whether hotels, guest houses and similar establishments are properly verifying the identity documents of guests and maintaining functional CCTV systems, while observing that such safeguards are essential to prevent misuse of premises for offences against women and children.Justice Neerja K. Kalson said, " Hotels...

Punjab & Haryana High Court Takes Suo-Motu Cognizance Of Gun Firing At Former Bar Secretary, Orders Protection & Expeditious Probe

The Punjab & Haryana High Court has taken suo motu cognisance of a recent incident involving gunshots fired at former High Court Bar Association Secretary Gagandeep Jammu, and directed the authorities to ensure his protection while also expediting the investigation into the case.The matter was taken up by the Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry, pursuant to...

Punjab & Haryana High Court Cracks Down On Empanelled Hospitals For 'Artificially' Lowering Package Rates To Attract Patients

The Punjab & Haryana High Court has ordered the Director General, Health Services, Haryana to verify the package rates of all empanelled hospitals and take strict action, including cancellation of licences, in cases of policy violations. The Court also cautioned against the practice of hospitals offering artificially low package rates to attract patients and later charging separately...

Punjab & Haryana High Court Quashes 24-Year-Old Proclaimed Offender Order, Notes Accused Was Unaware Of Proceedings

The Punjab & Haryana High Court has set aside a 24-year-old order declaring a man a proclaimed offender, observing that his absence from trial proceedings was not intentional but stemmed from lack of awareness.Justice Rajesh Bhardwaj noted that the petitioner remained absent despite orders as he was unaware about the ongoing proceedings because of the reason that he was residing in...

NDPS Act | No 'Commercial Quantity' In Poppy Cultivation: P&H High Court Calls 20-Year NDPS Sentence 'Patently Illegal'

The Punjab & Haryana High Court has held that a trial court committed a “patent illegality” by sentencing an accused to 20 years' rigorous imprisonment under Section 18(b) of the NDPS Act in a case involving cultivation of opium poppy plants, observing that cultivation of poppy plants cannot be treated as involving “commercial quantity”.For context, Section 18 (b)...

Punjab & Haryana High Court Flags Uneven Deployment Of AYUSH Doctors, Says Public Healthcare Cannot Remain 'Paper Assurance'

The Punjab & Haryana High Court has observed that issues relating to the deployment of medical officers transcend a mere service dispute and directly implicate the larger question of availability and accessibility of public healthcare in the State.Justice Sandeep Moudgil said, "In a welfare State governed by constitutional morality, healthcare cannot remain a matter of paper assurances...

Civil Judge Moves Punjab & Haryana High Court Against Denial Of Promotion Due To Pending Disciplinary Proceedings

A Civil Judge (Junior Division)-cum-Judicial Magistrate in Haryana has approached the Punjab & Haryana High Court challenging the denial of his promotion to the post of Additional Civil Judge (Senior Division), alleging that the decision to withhold his elevation is arbitrary and solely based on the pendency of disciplinary proceedings at a preliminary stage.The petition assails the...

PCPNDT Act | P&H High Court Upholds Conviction Of Clinic Owner, Says Record-Keeping Lapses Cannot Be Treated Lightly

The Punjab & Haryana High Court has upheld the conviction of a Barnala-based clinic owner under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, holding that failure to maintain mandatory records—particularly Form 'F'—constitutes a serious statutory violation and cannot be dismissed as a mere procedural lapse.Justice Ramesh Chander Dimri dismissed a plea filed by...