Punjab & Haryana High Court Weekly Round-Up [February 17- February 23, 2025]

Nominal Index [Citations 2025 LiveLaw (PH) 78 - 2025 LiveLaw (PH) 92]

Kanwar Pahul Singh v UOI 2025 LiveLaw (PH) 78

Bhola @ Ram Dass v. State of Haryana 2025 LiveLaw (PH) 79

DINESH KUMAR & ORS VS STATE OF HARYANA & ORS  2025 LiveLaw (PH) 80

Central Bureau of Investigation v. Ravinder Singh @ Ravinder Singh Bhasin and others 2025 LiveLaw (PH) 81

Rajender Singh v. State Of Haryana 2025 LiveLaw (PH) 82

ISHWAR SINGH AND OTHERS. v. STATE OF HARYANA AND OTHERS 2025 LiveLaw (PH) 83

Balvir Singh @ Dhira v. State of Punjab & others 2025 LiveLaw (PH) 84

Deepak and others v. State of Haryana and others 2025 LiveLaw (PH) 85

Jasmeen Kaur v. State of Punjab and others 2025 LiveLaw (PH) 86

Ravinder v. State of Haryana 2025 LiveLaw (PH) 87

 XXX v. XXX  2025 LiveLaw (PH) 88

Atanu Chaudhary v. State of Punjab 2025 LiveLaw (PH) 89

Rahul Rajput v. Food Corporation of India 2025 LiveLaw (PH) 90

 VIJAY KUMAR VS STATE OF PUNJAB 2025 LiveLaw (PH) 91

Maharishi Markandeshwar Developers Private Ltd v. State of Haryana and others  2025 LiveLaw (PH) 92

Reports

Deportation From USA | P&H HC Directs State To Decide On Plea Against Fake Travel Agents, Seeking Establishing Of Emigration Check Posts In Punjab

Title: Kanwar Pahul Singh v UOI

Citation: 2025 LiveLaw (PH) 78

The Punjab & Haryana High Court today directed the State authorities to decide representation within a month on a plea filed seeking action against fake travel agents and for establishing an immigration check post in Punjab to prevent illegal immigration from Punjab to United States of America via "donkey route” (illegal means).

If Accused Dies During Pendency Of Appeal & Fine Imposed Is Stayed Or Deposited Before Death, Appeal Will Abate: Punjab & Haryana High Court

Title: Bhola @ Ram Dass v. State of Haryana

Citation: 2025 LiveLaw (PH) 79

The Punjab & Haryana High Court has made it clear that if an appellant dies during the pendency of the appeal and the fine imposed on him by the trial court has been stayed or if the entire fine amount has been deposited with the Court before death, then the appeal will be abated.

Punjab & Haryana High Court Directs UP Govt To Release Funds For Erecting Boundary At Disputed UP-Haryana Site

Title: DINESH KUMAR & ORS VS STATE OF HARYANA & ORS

Citation: 2025 LiveLaw (PH) 80

The Punjab & Haryana High Court has directed the Uttar Pradesh (UP) Government to release funds for erecting boundary pillars at the disputed sites on the UP-Haryana border.

Justice Sureshwar Thakur and Justice Vikas Suri said, "Financial grants in the said regard be forthwith released, inasmuch as, within a period of three weeks from today, so that the work of erection of boundary pillars both within the States of Haryana and Uttar Pradesh becomes completed within a further period of four weeks."

Cash At Judge's Door Scam Case | Punjab & Haryana HC Allows CBI To Examine 12 Witnesses Against Justice Nirmal Yadav

Title: Central Bureau of Investigation v. Ravinder Singh @ Ravinder Singh Bhasin and others

Citation: 2025 LiveLaw (PH) 81

The Punjab & Haryana High Court has allowed CBI to recall or examine 12 witnesses in the infamous cash at judge's door scam case.

In 2008, a peon of then sitting judge of Punjab & Haryana Court Justice Nirmaljit Kaur filed a complaint that a bag of Rs.15 lakh cash was delivered at Justice Kaur's Court by a clerk who was later apprehended after the judge asked to catch him. The case was transferred to CBI and according to prosecution, the bag was meant to be delivered to Justice Nirmal Yadav's residence.

Record In Warrant Cases | Non-Signing Of Witness's Deposition By Magistrate Will Be Fatal To Case: Punjab & Haryana HC

Title: Rajender Singh v. State Of Haryana

Citation: 2025 LiveLaw (PH) 82

The Punjab & Haryana High Court has said that non- signing of the deposition of the witnesses, by a Magistrate in a warrant case under Section 275 CrPC ( Section 310 BNSS) would be fatal to the case of the prosecution.

Justice Harpreet Singh Brar said, "A bare perusal of the (Section 275(4) CrPC) provision indicates that any evidence taken by the jurisdictional Magistrate, in written form, shall be signed by him for it to be considered as evidence and form a part of the record of the jurisdictional Court."

UP-Haryana Land Dispute | P&H HC Directs Surveyor General Of India To Study Changing Pattern Of Yamuna & Impact On Both States

Title: ISHWAR SINGH AND OTHERS. v. STATE OF HARYANA AND OTHERS

Citation: 2025 LiveLaw (PH) 83

The Punjab & Haryana High Court directed the Surveyor General of India to examine the changing patterns of Yamuna with the help of revenue agency of Haryana and Uttar Pradesh (UP) in order to study its impact on territories of both the states to resolve land dispute.

'Poor Person Forced To Approach Court': P&H HC Slams Authorities For Denying Parole To NDPS Convict During Elections On Assumption Of Reoffending

Title: Balvir Singh @ Dhira v. State of Punjab & others

Citation: 2025 LiveLaw (PH) 84

The Punjab & Haryana High Court pulled up the authorities for rejecting parole of a man convicted under the NDPS Act "merely on assumptions" that the convict may smuggle drugs during elections which may affect public order.

The convict had moved the parole application at the time of the general election of 2024 and the same was rejected by Deputy Commissioner-cum-District Magistrate, Bathinda on the grounds that the convict may smuggle drugs during elections and that the parole is prohibited to the NDPS convicts during elections.

Recruitment Agency Creating Priority List For Candidates At Later Stage When Not Mentioned In Advertisement Violates Rule Of Law: P&H High Court

Title: Deepak and others v. State of Haryana and others

Citation: 2025 LiveLaw (PH) 85

The Punjab & Haryana High Court said that Haryana Staff Selection Commission (HSSC) cannot come out with a priority list at the later stage of selection of candidates when the same was not advertised in the notification.

A notification was issued by HSSC for the post of Group C & D and passing of CET exam was the prerequisite to apply for the post. At the stage of mains, HSSC prepared a priority list stating that In the Ex-Serviceman category, disabled Ex-Serviceman will be given priority.

Writ Court Shouldn't Take Hyper Technical View: P&H High Court Allows Student To Complete Course Despite Admission Without Qualification

Title: Jasmeen Kaur v. State of Punjab and others

Citation: 2025 LiveLaw (PH) 86

The Punjab & Haryana High Court has allowed a student to complete his course who was admitted to a college without the mandatory qualification of having a Hindi subject in Class X, observing that she already completed 1.5 years out of 2 years of the course and he did not commit any fraud.

Chief Justice Sheel Nagu and Justice Sumeet Goel said, "The purpose of legal norms is to uphold fairness, not to be applied mechanically to defeat substantial justice. Where a party, albeit initially ineligible, has acted in good faith and without any fraudulent intent, and where no overriding public interest is adversely affected, equity demands that the individual should not be subjected to disproportionate hardship solely on the basis of a technical defect at the inception."

Mandate Of Serving Grounds Of Arrest In Writing Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Punjab & Haryana High Court

Titile: Ravinder v. State of Haryana

Citation: 2025 LiveLaw (PH) 87

The Punjab & Haryana High Court has made it clear that the law laid down in the Pankaj Bansal case will be applicable prospectively which is after October 03, 2023, the date on which the judgment in Pankaj Bansal was pronounced.

In a landmark judgment in the case Pankaj Bansal v. Union of India, the Supreme Court held that the Directorate of Enforcement must furnish the reasons for arrest to the accused in writing.

HMA | Conviction Of Spouse For Murder Amounts To Cruelty, Punjab & Haryana HC Grants Divorce To Man Whose Wife Killed Their Children

Title: XXX v. XXX

Citation: 2025 LiveLaw (PH) 88

The Punjab and Haryana High Court has granted divorce on ground of "cruelty" under the Hindu Marriage Act to a man whose wife was convicted for murdering their children.

Justice Sudhir Singh and Justice Harsh Bunger said, "the conviction of the respondent and sentence of life imprisonment under Section 302 of the Indian Penal Code for murder has caused mental pain, agony and apprehension in the mind of the appellant that it is not safe to live with the respondent and it clearly amounts to “cruelty”."

Punjab & Haryana High Court Refuses Pre-Arrest Bail To Man Allegedly Involved In Staging Fake Court Hearing

Title: Atanu Chaudhary v. State of Punjab

Citation: 2025 LiveLaw (PH) 89

The Punjab & Haryana High Court refused to grant anticipatory bail to a man allegedly involved in case of posing as officers of the Central Bureau of Investigation (CBI) and staging a fake virtual courtroom, with one of them impersonating former CJI DY Chandrachud.

Justice Mahabir Singh Sindhu noted that, “instances of cyber-fraud are increasing day by day and according to the Data maintained by Reserve Bank of India, an amount of Rs.3207 crore was lost due to 582000 cases of cyber-fraud between F.Y 2020 to F.Y. 2024. Also noteworthy that during F.Y. 2023 to F.Y. 2024, an amount of Rs.2054 Crore has been lost on account of cyber-frauds in our country.”

Ensure Public Amenities Do Not Suffer: Punjab & Haryana HC Scraps FCI Tender, Directs Issuance Of Fresh Notification Expeditiously

TITLE: Rahul Rajput v. Food Corporation of India

Citation: 2025 LiveLaw (PH) 90

The Punjab & Haryana High Court scrapped the tender floated by the Food Corporation of India (FCI) with the direction to issue fresh notification so that public amenities do not suffer.

Justice Sureshwar Thakur and Justice Vikas Suri said, "This Court is constrained to after accepting the writ petition, to pass a mandamus upon the respondent to scrap the subject tender, thus, for ensuring better competition for all concerned and also for receiving better bids."

S. 63 NDPS Act | Confiscation Of Vehicle Not Dependent On Outcome Of Trial, Court Needs To Deal With It Separately: Punjab & Haryana HC

Title: VIJAY KUMAR VS STATE OF PUNJAB

Citation: 2025 LiveLaw (PH) 91

The Punjab & Haryana High Court has set aside the confiscation order of a vehicle allegedly involved in a case under the NDPS Act, observing that the same was passed without following the procedure under Section 63 of the Act.

The Court set aside the confiscation order of alleged offending vehicle was passed along with the order of sentence wherein the owner of the vehicle was held guilty.

Prepare Disaster Management Plan For Residential Areas Situated At River Banks: High Court To Haryana Govt

Title: Maharishi Markandeshwar Developers Private Ltd v.State of Haryana and others

Citation: 2025 LiveLaw (PH) 92

The Punjab & Haryana High Court has directed the Haryana Government to prepare a scientific disaster management plan for the residential areas situated at the river banks, observing that the Court is under a "constitutional duty to ensure the safety concerns." Justice Sureshwar Thakur and Justice Vikas Suri said, "A team of experts becoming deployed to prepare a scientific disaster management plan, thus for the benefit of all the inhabitants of the thickly inhabited localities, which exist on the banks of all the rivers flowing within the State of Haryana."

Other Development

Punjab & Haryana HC Expresses Shock Over Electricity Failure In Hospital, Seeks Chief Secy's Affidavit On Lack Of Automatic Switch Over To Back-Up

Title: SUNAINA V/S STATE OF PUNJAB AND OTHERS

Expressing shock over power failure in a hospital, the Punjab & Haryana High Court directed the Punjab's Chief Secretary to file an affidavit on why hospitals are not equipped with automatic switch-over like other public establishment

Chief Justice Sheel Nagu and Justice Sumeet Goel said, "It is not surprising but shocking to note that in a public establishment like a hospital where electric breakup of even a few seconds can be fatal for certain patients, especially those on life support, the electric supply was disrupted for 13 minutes though the backup was available but the same took 2 minutes to be functional, because the same had to be operated manually."

MP Amritpal Singh Moves P&H High Court For Attending Parliamentary Proceedings In Obedience With Summons Issued By Lok Sabha Secy General

Title: Amritpal Singh v. UNION OF INDIA

MP Amritpal Singh who is currently detained under National Security Act (NSA) has approached the Punjab & Haryana High Court seeking direction to the Union, Punjab Government and other respondents to allow him to attend parliamentary proceedings in obedience to the summons issued by Lok Sabha General Secretary.

Reserve 25% Seats For Weaker Section In Class-I To Ensure Free Elementary Education Under RTE Act: P&H HC Tells Punjab's Private Schools

Title: KS RAJU LEGAL TRUST V/S STATE OF PUNJAB AND OTHERS

The Punjab & Haryana High Court today directed the Private unaided schools in Punjab covered under the Right To Education Act, 2009 (RTE Act) to reserve 25% seats for weaker section of the society and asked the functionary of the Punjab Government to ensure compliance for admissions for 2025-2026.

ED As Investigation Agency Is Responsible To Provide Details Of Custody Period In Suspension Of Sentence Plea: Punjab & Haryana HC

Title: Subhash Bajaj @ Subhash Chander Vs Enforcement Directorate, Government of India

The Punjab & Haryana High Court has said that the Enforcement Directorate (ED) is responsible to provide details of custody in plea filed for suspension of sentence, wherever it is investigating agency. Chief Justice Sheel Nagu and Justice Sumeet Goel said, "It is directed that henceforth in all the applications for suspension of sentence, it would be the responsibility of the Enforcement Directorate, wherever it is Investigating Agency, to supply details about the custody period suffered by convicted appellant(s) by coordinating with the State agency."

Dismissing Plea Due To Shortage Of Stenographers Unwarranted: Punjab & Haryana HC Says DRT Presiding Officer Ought To Have Raised Issue With Authorities

Title: M/s Sarabjit Singh and Company and another v. Debts Recovery Tribunal III and others

The Punjab & Haryana High Court today said that Debt Recovery Tribunal (DRT) cannot dismiss application on the ground that there is shortage of stenographers or typists.

Justice Anupinder Singh Grewal and Justice Sumeet Goel said, "the dismissal of the application(s) on account of shortage of stenographers and typists is unwarranted and the applications ought to have been heard and decided on merits."

'Punjab Not Truly Discharging Duty To Provide Free Medical Aid': High Court Seeks Affidavit On Vacant Posts In Govt Hospital

Title: Bhisham Kinger v. State of Punjab and others

The Punjab & Haryana High Court has sought an explanation from the Punjab Government as to why out of 39 sanctioned posts in Punjab's Malerkotla Civil Hospital only 2 medical officers are posted.

Chief Justice Sheel Nagu and Harmeet Singh Grewal said, "It is obvious that the sovereign function of the State of providing free medical aid to the patients is not being discharged by the State in its true sense."

Has Committee Been Constituted For Granting Leave Of Absence To MPs? P&H HC Asks In MP Amritpal Singh's Plea To Attend Lok Sabha Session

Title: Amritpal Singh v. UNION OF INDIA

The Punjab & Haryana High Court has asked the Union Government to inform whether the committee for granting leave to Member of Parliaments (MP) from attending sessions of the house has been constituted, in a plea filed by MP Amritpal Singh detained under National Security Act (NSA) seeking to attend the session. Amritpal has approached the High Court seeking direction to the Union, Punjab Government and other respondents to allow him to attend parliamentary proceedings in obedience to the summons issued by Lok Sabha General Secretary.