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Time of India
27-05-2025
- Politics
- Time of India
High court prescribes SOPs for Punjab, Haryana & Chandigarh to deal with organised crime
Chandigarh: Due to absence of any legislation in Haryana and Punjab to deal with organised criminal activities, especially to combat the epidemic of gang-sponsored violence and harassment, the Punjab and Haryana high court has prescribed standard operating procedures (SOPs) for both the states to deal with such cases. Tired of too many ads? go ad free now The HC has set a deadline of two months for Punjab, Haryana and UT of Chandigarh to formulate these SOPs. "It is baffling to see that in spite of the widespread nature of this malady, no legislative framework to combat the same exists in the states of Punjab and Haryana. Addressing a similar situation in Maharashtra about two decades ago, the Maharashtra Control of Organised Crimes Act, 1999 was promulgated. Other states like Gujarat, Karnataka, Madhya Pradesh, Rajasthan have also enacted similar legislations. In absence of a statute to address the same and in view of the discussion above, this court deems it appropriate to issue the directions with respect to organised criminal activities," the HC observed while suggesting SOPs. In a detailed order on the issue, Justice Harpreet Singh Brar suggested that an FIR be registered promptly on receipt of information regarding gang-related activities and a probe of such cases be conducted by officers of the rank of DSP. "Set up a toll-free helpline number, email ID and online portal of reporting of gang-related crimes. District-wise units of AGTF and STF headed by SP or DSP rank officers in the states of Punjab and Haryana, respectively, must be established. A state-level headquarter under the aegis of an officer of the level of ADGP must also be established," Justice Brar suggested in his order released on Tuesday. The bench also directed that an ADGP shall also conduct periodic meetings with the district heads to collate information and monitor their functioning. Tired of too many ads? go ad free now The ADPGs must also meet their counterparts in neighbouring states as well as the central agencies every three months and share intelligence acquired. The HC said the proceeds of crime, acquired by indulging in illegal gang-related activities, must be investigated and these may be attached under Section 107 of the BNSS. The local police officers of district level AGTF/STF units must be trained and sensitised appropriately to deal with cases pertaining to organised criminal syndicates, the court added. Justice Brar passed these orders while hearing a plea filed by a person, who had received a ransom call from the member of Lawrence Bishnoi gang demanding Rs 2 crore. The petitioner had approached the HC seeking directions to protect his life and liberty. After examining the reports of MHA regarding the threat to the petitioner, the HC directed the Haryana police to take action and provide protection to the petitioner and his family. HC Observations "Organised crime thrives on a culture of fear. Gangs instil a pervasive sense of threat to personal safety as well as property, which coerces individuals into compliance. This fear-driven submission further entrenches their control and creates a sense of helplessness in the citizenry. Breaking this vicious cycle demands a commitment to creation of a secure environment, where the public feels empowered to report crimes without fear of retaliation. " "Gangster culture, particularly in the form of extortion rackets, has emerged as a significant threat to the social order in today's time, fostering an environment of fear and lawlessness. The glorification of violence, the normalization of criminal behaviour, and the recruitment of vulnerable youth into gangs not only perpetuate crime but erode public trust in the justice system." "A firm hand, with stringent law enforcement and legal measures, is essential to dismantling extortion rackets, deterring future criminal enterprises and safeguarding the moral fabric of society."
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
24-05-2025
- Politics
- Indian Express
HC orders Punjab to free 412 prison inmates, says they ‘can't be expected to live at whims and fancies of state'
The Punjab and Haryana High Court has ordered the immediate interim release of 412 inmates whose premature release applications have been pending for over six months, calling out the state for 'trivialising' the delay and violating the prisoners' fundamental rights. In an interim order this week, in the case of Malkit Singh and Others vs. State of Punjab, Justice Harpreet Singh Brar directed that all eligible prisoners be granted interim bail within two weeks. 'The incarcerated cannot be expected to live at the whims and fancies of the State, and neither does their incarceration entitle the administration to jeopardise their fundamental rights,' the judge observed, pulling up the state for its apathy. The case has its roots in a surprise judicial visit to Ludhiana's jails in 2019, during which inmates flagged delays in the processing of their release. A fresh affidavit submitted on December 10, 2024, revealed that 412 such cases remain unresolved, prompting the court to act. Justice Brar cited the Supreme Court's landmark ruling in Sunil Batra vs. Delhi Administration, reaffirming that 'all prisoners shall be entitled to all the rights bestowed upon the citizens by the Constitution of India'. The judgment reiterates that incarceration does not strip individuals of their right to dignity, liberty, and due process. The court directed chief judicial magistrates across Punjab to oversee the release process and required the state to submit detailed reports on all pending premature release cases from the last two years. The registry has been asked to forward the list of 412 inmates to the respective magistrates to ensure compliance. Additionally, the states of Haryana and Chandigarh have been ordered to file affidavits with a month-wise breakdown of similar pending cases. The matter will next be heard on August 6. Justice Brar's ruling also referenced the Supreme Court's recent guidance in the 2025 In Re: Policy Strategy for Grant of Bail case, which obligates states to consider eligible convicts for release even without formal applications. Quoting Nelson Mandela—'To deny people their human rights is to challenge their very humanity'—Justice Brar underscored the need to shift from punitive incarceration to a reformative model of justice.
Time of India
23-05-2025
- Time of India
High court awards Rs 15 lakh compensation to mother of 22-year-old killed 12 years ago
Chandigarh: Punjab and Haryana high court has directed Punjab to give a compensation of Rs 15 lakh to a woman whose 22-year-old son was shot dead 12 years ago by a Punjab Police head constable in Amritsar. The court observed that allowing such an act to go unchecked would "effectively mean validating a death sentence, passed not in line with the due process of law, but by the law enforcement agency donning the role of the judge, jury and executioner". The court has directed Punjab govt to grant compensation within 8 weeks from the receipt of a certified copy of the order. In a judgment delivered on Tuesday (May 20), Justice Harpreet Singh Brar noted, "The petitioner is a mother who has lost her 22-year-old son in an incident that occurred in 2013, but her quest for justice remains unfinished. It was only due to her efforts that an FIR was registered against the erring officials and the matter was ordered to be investigated by the crime branch. Not only has she lost her young son, she has had to run from pillar to post to get the incident fairly investigated. Therefore, this court finds it to be a fit case for grant of compensation, as the death of the son of the petitioner was caused due to excesses on part of the state law enforcement agency." The victim, Arvinder Pal Singh alias Lovely, who was an accused in at least nine cases, was shot dead on May 23, 2013, at a barber's shop in Amritsar. One of the two Punjab Police head constables shot him, allegedly without giving him an opportunity to surrender. The court noted, "It is a matter of record that the injury on the deceased had a black ring around it, which clearly indicates that the bullet was shot from perhaps point-blank distance. " While counsels for the respondents argued that police officials "warned the deceased multiple times before shooting at him", the court observed, "It is rather curious as to why, if it was at all required, did respondent No. 5 not aim for the legs of the deceased." While the state counsel and the counsel for the respondents had argued that the shot was fired in self-defence, Justice Brar observed, "While it is true that the deceased was arraigned as an accused in 9 other cases, most of which pertain to robbery, and was also declared a proclaimed offender in two of them; the same does not give a right to the police officials to indulge in excesses to conduct his arrest...." Referring to the FIR registered against the erring cops on March 12, 2015, the court pointed out that this happened on the "intervention of this court" following a petition by the deceased's mother. Pointing out that that the FIR against the erring police officials was registered under Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code (IPC) "while it clearly should have been under Section 302 (murder) of the IPC, the court said that "the intention of the police authorities to shield their colleagues is rather conspicuous". Justice Brar referred to an order by a two-judge bench of SC which "categorically held that police officers cannot and should not be excused in the matters pertaining to extra-judicial killings, especially since they form a part of the law enforcement mechanism." Justice Brar also ordered that the petitioner will be at liberty to pursue alternate remedies with respect to her dissatisfaction with the investigation. MSID:: 121343488 413 |
Time of India
22-05-2025
- Business
- Time of India
Punjab & Haryana HC flags rising property fraud against NRIs in Punjab
CHANDIGARH : The Punjab and Haryana high court has observed that a disturbing trend is steadily gaining ground, wherein unscrupulous individuals are defrauding non-resident Indians (NRIs), particularly those who are unable to visit India frequently or manage their properties. According to the court, the gravity of such acts extends far beyond individual transactions, as they corrode institutional credibility and social conscience. "Time and again, such vulnerable property owners are defrauded through forged documents, misuse of powers of attorney often resulting in sale of their properties at grossly undervalued rates. The scale of this deceit is symptomatic of systemic abuse, where absence is weaponised and legal safeguards are routinely undermined," Justice Harpreet Singh Brar of the high court has observed. Justice Brar passed these orders while dismissing the anticipatory bail plea of two people booked by the economic offence wing of vigilance bureau. In this case, a sale deed of prime land near Ladhowal-Verka bypass in Ludhiana district, had been executed on Feb 11, 2025, between Deep Singh (seller) and Deepak Goel of Panchkula (buyer) at a cost of Rs 30 lakh whereas its market value was around Rs 6 crore. However, it was found that the actual owner, also named Deep Singh, had been residing in the US, while an imposter had appeared at the tehsil office for registration. A tehsildar and other govt employees were also arrested in this case. Dismissing anticipatory bail of petitioners, including numberdar Bagel Singh, who was witnessed to the forged sale deed, Justice Brar observed that these offences are rooted in a breach of trust and stand on a different pedestal than conventional criminal offences in terms of criminal jurisprudence as they not only impact the personal and financial security of the victims, but also have cascading effects on public trust in the real estate ecosystem, and ultimately, the economic stability of the state. "Therefore, this court cannot afford to treat such cases lightly while considering the grant of bail," the court held, dismissing the bail pleas of petitioners. Even during the hearing of the matter, the state counsel had submitted that the petitioners are part of a well-orchestrated gang which identified the properties of NRIs and thereafter, by producing impersonators, created third-party rights by executing sham sale deeds.
