Latest news with #HarpreetSinghBrar
Time of India
5 days ago
- Time of India
In Punjab, parole must be deducted from total sentence, not actual term: HC
Chandigarh: Setting aside the Punjab govt formula of 2020, which excludes the period of parole of a convict from the actual sentence, the Punjab and Haryana high court has ruled that parole must be deducted from the total sentence, including remission, and not from the actual sentence. The HC was of the view that release of a prisoner on parole serves a specific purpose and is subject to conditions. "It goes unsaid that reformation and deterrence, especially in cases as severe as murder, must go hand in hand. It is mandatory to meet the minimum benchmark for actual sentences, in terms of the applicable policy, by serving that period in prison. Thus, the time spent on parole shall be deducted from the total sentence, as it also includes remissions earned during that period," the HC clarified. The HC further said that the formula prescribed in the meeting dated July 16, 2020, is held to be invalid, being in direct contravention of Section 3(3) of the Punjab Good Conduct of Prisoners (Temporary Release) Act, 1962. "It is directed that the parole period shall only be subtracted from the total sentence and not from the actual sentence. Actual sentence shall only mean the real time spent by a prisoner in the prison premises," the HC held. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like No more boring Zoom lessons. Learn Hebrew differently! Citizen Cafe Book Now Undo Justice Harpreet Singh Brar passed these orders while hearing a petition filed by Rupinder Singh. He sought directions to quash the order dated Oct 30, 2024, passed by the Punjab govt through which the case of the petitioner for premature release was rejected. The petitioner was convicted and awarded life sentence by the sessions court Hoshiarpur on Aug 11, 2014, in a murder case registered in Garhshankar, Hoshiarpur in 2013. After completing the requisite sentence, the petitioner moved an application for premature release under the policy dated July 8, 1991. His counsel argued that the petitioner was in custody since 2013. The case of the petitioner falls under category 'C' of the applicable policy, which requires him to complete 10 years of actual sentence and 14 years of total sentence to be eligible for premature release. However, the petitioner already underwent over 10 years in actual custody and, including remission, completed over 14 years of sentence. The petitioner also enjoyed the concession of parole, which was wrongly deducted from the actual sentence as opposed to the total sentence, based on an incorrect interpretation of Section 3(3) of the Act of 1962. However, his plea was objected to by the state of Punjab on the grounds that the petitioner does not meet the condition of 10 years of actual sentence and 14 years of total sentence, as stipulated by the policy dated July 8, 1991. After hearing all the parties, the HC in its order released on Friday quashed the order dated Oct 30, 2024, passed by the Punjab govt and ordered reassessment of the case of petitioner by subtracting the parole availed by him from the total sentence and not from the actual sentence within four weeks.
Time of India
24-05-2025
- Politics
- Time of India
Punjab and Haryana high court orders release of 412 prisoners in Punjab within 2 weeks
Chandigarh: Punjab and Haryana high court has ordered the interim release of 412 prisoners in Punjab within two weeks, observing that the authorities effectively treated inmates with pending applications for premature release as "second-class citizens". Justice Harpreet Singh Brar opined that the policy instituted by the state for premature release is equally applicable to all 412 convicts, and denial of consideration under the same directly impacts their fundamental rights as enshrined under Articles 14, 19, and 21 of the Constitution of India. Justice Brar observed that once eligible to be considered for premature release according to the applicable policy, the state cannot deny them this concession without recording due reasons for the same. "The state cannot indulge in cherry-picking and only provide the concession of premature release to a select few out of the pool of similarly situated convicts, and such an approach is highly inequitable," he observed. According to an affidavit dated Dec 10, 2024, as many as 412 inmates applied for premature release till Dec 10, 2024. The court noted that the "conspicuous failure" on the part of the state agencies to process the applications of such a considerable number of inmates is "deeply concerning". by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo The judge underlined the fact that the applicant-inmates were subjected to further incarceration when they may be eligible to be released. "In denying them their legal right to be considered under a policy duly devised by the state for a specific purpose, the authorities have essentially categorised them as second-class citizens," Justice Brar noted. Justice Brar held that the administration cannot comprehend the value of liberty as perceived by a prisoner, who lives its absence every single day. "These 412 inmates may be entitled to be released, on the basis of a policy established by law that abides by the standards of 'fair, just and reasonable' as held mandatory by the Supreme Court...," Justice Brar pointed out. Emphasising the constitutional guarantee of liberty and dignity, Justice Brar stated: "The fundamental rights, which include the right to liberty and dignity, have been granted by the Constitution, and not the state, for them to be withdrawn in this undignified fashion... The prisoners have already been punished for the crime that resulted in their conviction..." The judge said that, regrettably, in spite of the specific directions issued by the court in Pohlu alias Polu Ram (supra) as well as Pawan Kumar vs. D K Tiwari decided on Jan 30, 2023, the inmates awaiting consideration of their premature release applications are not being released on interim bail. Shockingly, some applications have been pending for almost two years. In his order, the court directed the concerned chief judicial magistrates to release such prisoners on interim bail within two weeks of receipt of a certified copy of this order. The state of Haryana and the UT of Chandigarh have also been directed to furnish an affidavit containing the details pertaining to pending cases of premature release from last two years— 2023-24 and 2024–25—within eight weeks.
Indian Express
20-05-2025
- Politics
- Indian Express
Punjab and Haryana HC junks ‘frivolous' security plea, forfeits petitioner's Rs 2-lakh deposit
Dismissing a security petition filed by a social worker from Jalandhar, who claimed threats to his life and family from anti-social elements, the Punjab and Haryana High Court ordered the forfeiture of the Rs 2-lakh deposit made by the petitioner. A bench of Justice Harpreet Singh Brar, who heard the matter, found no credible evidence to support the allegations made by the petitioner. The Jalandhar-based man had moved the court under Article 226 of the Constitution, citing threats through overseas calls, suspicious individuals videographing his temple and business premises, and an alleged link to a grenade attack on a former Cabinet minister's house. He also submitted CCTV camera footage and complaints in support of his plea. The court, however, noted that 'not only did the petitioner refuse to join the inquiry, he also refused to provide the CCTV footage,' and highlighted his demand for transferring the investigation as casting further doubt on his intentions. An inquiry led by IPS officer Akarshi Jain, Additional Deputy Commissioner of Police-I, Jalandhar, found that the individuals filming the area were participating in the Cleanliness Survey-2024 under the Swachh Bharat Mission. The vehicle allegedly involved in the act was owned by a man named Akasdeep and had been used by his brother and another individual to inquire about a paying guest, not to intimidate the petitioner. As for the grenade incident, the court said there was 'nothing connecting the same to the persons allegedly roaming around the premises of the petitioner'. This was not the petitioner's first attempt to seek police protection. A previous petition had been withdrawn on May 14, 2024, following multiple status reports, including one which concluded that 'no evidence of any threat has come to light regarding the application given by the applicant with regard to provision of security.' The court expressed concern over the repeated misuse of law enforcement, observing that such attempts drained resources meant for genuine cases. 'Repeatedly engaging State resources to inquire into imaginary threats, merely to use police protection as a status symbol and inflate one's ego, is not just wasteful but also deeply troubling,' the order stated. Expressing strong disapproval, Justice Brar added, 'The petitioner instigated an entire inquiry but refused to participate in it. Such conduct causes great vexation not only to this Court, which already has significant pendency, but also to the police personnel engaged specifically for this purpose.' The petition was dismissed, and the Rs 2 lakh deposit was forfeited to the District Legal Services Authority, Jalandhar, as a consequence of what the court deemed a frivolous plea.
Time of India
16-05-2025
- Health
- Time of India
High court denies bail to hair oil influencer, slams ‘make-believe' beauty standards
Chandigarh: Refusing to grant bail to a hair growth influencer whose oil allegedly led to hospitalisation of 70 people at a camp in Sangrur, the Punjab and Haryana high court observed that advertising a product making tall, misleading claims, without any scientific evidence or clinical testing to back it up, must be strictly condemned. "In a bid to meet fickle societal standards of beauty, vulnerable people go to extreme lengths and even undergo risky procedures. The constant pressure to look a certain way often has a deleterious effect on the mental health of children and adults alike. In fact, in this day and age where social media and marketing agendas so deeply affect one's self-esteem, we, as a society, must endeavour to promote authenticity over curated perfection," Justice Harpreet Singh Brar of the HC observed in his order released on Thursday. Justice Brar passed the orders while dismissing a plea filed by Amandeep Singh alias Aman. He sought anticipatory bail in the case stemming from FIR No. 58 dated March 17, registered under Section 124 of the BNS and Section 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, at Sangrur City police station. Justice Harpreet Singh Brar observed that the present matter is yet another unfortunate example of internet-famous, unqualified quacks taking advantage of the common man's insecurities. "Maintenance of general public health as well as a sense of trust in the market is a duty of the state that must be performed with utmost sincerity. The role of so-called beauty and fitness influencers in setting unrealistic standards by creating a make-believe world cannot be overlooked," the high court held. According to the prosecution, Singh had advertised his oil on social media, claiming it could cure baldness. He organised a free application camp on March 16 at Kali Mata Temple, Sangrur. Several attendees, after applying the oil, reported severe reactions, including facial swelling and eye irritation. The complainant in the case told police that he developed a burning sensation and swelling after using the oil. Upon visiting the civil hospital in Sangrur, he discovered that 60 to 70 others had arrived with similar complaints. Seeking anticipatory bail, the petitioner submitted that he is a famous hair stylist with about 86,900 followers on social media and has helped many suffering from massive hair loss with his homemade herbal ingredients-based oil. Opposing his plea, the state counsel informed that the senior medical officer, Sangrur, informed the police regarding the admission of 71 injured people at the civil hospital, after using the oil. Answering specific queries put to him, the SMO opined that the cause of the reaction was severe contact dermatitis — a kind of conjunctivitis caused by contact with an irritant. The SMO added while the injuries were simple in nature, vision loss could have occurred if the cornea got involved. After hearing all parties, the HC dismissed the anticipatory bail plea of the petitioner. BOX Judge Quotes Shakespeare In its detailed order, Justice Brar also observed that beauty, in spite of being fleeting and superficial in nature, has beguiled mankind since time immemorial. Even in the 16th-century play, A Midsummer Night's Dream, the character Helena laments on how virtue must supersede appearances. "To communicate the same, playwright William Shakespeare in his unique style, wrote, 'Love looks not with the eyes, but with the mind; and therefore is winged Cupid painted blind,'" observed the judge. MSID:: 121189314 413 |
NDTV
01-05-2025
- NDTV
Parent Cannot Be Implicated For Kidnapping Own Child: Punjab High Court
Amritsar: A parent cannot be implicated for kidnapping their own child as both the parents are equal natural guardians, the Punjab and Haryana High Court has held while dismissing a plea seeking release of a 12-year-old boy from the alleged illegal custody of his Australia-based mother. A perusal of provisions of Section 361 of the IPC and Section 6 of the Hindu Minority and Guardianship Act, 1956 indicates that for an incident to be considered as kidnapping, it is necessary that the minor child is taken away from the custody of a 'lawful guardian'. However, a mother falls well within its ambit, especially in absence of an order passed by a competent court, divesting her of the same. "This court is of the view that a parent cannot be implicated for kidnapping their own child as both the parents are his equal natural guardians," the court held. The observations were made in the matter involving the boy, whose Gurugram- based uncle filed a petition before the court accusing the child's mother of "illegally" taking away the child from his custody. The petitioner had sought a direction to the state to ensure release of the minor son of his brother "from the illegal custody" of the child's mother. The petitioner submitted that on April 24, the child's father was attending a business conference in Belgium when the boy's mother "broke into his office and stole the passport of the child and woke up the minor in the early hours of the day and took him away from his habitual residence". The petitioner called the police "but was met with a nonchalant response". He said in his plea that the woman had falsely told the police that she has merely taken the child for an hour to meet her parents in Delhi. However, her mother does not reside in Delhi. Further, she has not provided any details about the whereabouts of the child either to him or the father, the petitioner submitted. Considering the fact that she took the child's passport with her, she intends to take him to Australia, where she is currently residing. The child's parents are already in litigation regarding his custody as a guardianship petition is pending adjudication before a family court in Gurugram, the petitioner submitted. On the other hand, the counsel of the child's mother contented that it was her boy who called her requesting her to take him as his father had gone to Belgium, leaving him with the house help. Being a mother, she flew back from Australia, for the comfort of her child. Further, the screenshots of the call details as well as messages exchanged between the child and his mother would reflect the minor himself had asked her to book tickets, the counsel submitted on behalf of the child's mother. It was also submitted by the counsel that the woman is also a guardian of the minor child and till the guardianship petition is decided, she is entitled to hold his custody. Justice Harpreet Singh Brar, in his order dated April 29, mentioned that while adverting to the facts of the case, it appears that the child's mother ordinarily resides in Australia. The child was left with the house help by his father while he was on a business trip to Belgium. Perturbed by the same, the boy called his mother, in distress and she flew all the way from Australia to be with him, the judge observed in the order. "Even though the matrimonial relationship between the parents has soured, the relationship between a parent and child subsists and it is only natural for a mother to give in to her maternal instincts and respond to the calls of her distressed child. "It would also be rather unfair to expect her to leave her minor child in a place where he is uncomfortable, more so in absence of a judicial order prohibiting her from intervening," the court held. Further still, since the guardianship petition is pending adjudication before the family court, father of the child, cannot claim sole custody over him either, the judge said. "... While deciding the matter of custody of a child, the paramount consideration shall always remain his welfare. Thus, it would be just and prudent for this Court to take into account the wishes and well being of the detenu, who is 12 years old, and capable of forming a rational opinion about his living situation. "As such, at this stage, any interference by this court would be unwarranted. Accordingly, the present petition is dismissed...," the court said.
