Citation : 2024 Latest Caselaw 20059 P&H
Judgement Date : 12 November, 2024
Neutral Citation No:=2024:PHHC:147247
CWP-23014-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
117 CWP-23014-2024
Date of Decision :12.11.2024
Rajinder Kaur and others ...Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. D.S. Patwalia, Senior Advocate with
Ms. Sehar Navjeet Singh Sandhu, Advocate for the petitioners.
Mr. Arun Gupta, DAG, Punjab.
***
Harsimran Singh Sethi, J. (Oral)
Learned Senior counsel appearing for the petitioners submits
that the present petition may kindly be disposed of in terms of the order
passed by this Court in CWP-9481-2021 titled as Sarabjit Singh and others
vs. State of Punjab and others decided on 18.07.2024, which order has been
passed keeping in view the judgment of the Coordinate Bench of this Court
in CWP-11427-2015 titled as Sukhjad Singh and others vs. State of Punjab
and another decided on 19.12.2018, which order has already been upheld
by the Division Bench of this Court in LPA-516-2020.
Notice of motion.
Mr. Arun Gupta, DAG, Punjab accepts notice on behalf of the
respondent-State and submits that the State has already approached the
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Neutral Citation No:=2024:PHHC:147247
Hon'ble Supreme Court of India against the judgment of the Single Bench as
well as Division Bench of this Court and the matter is pending consideration
before the Hon'ble Supreme Court of India hence, the prayer of the
petitioners may kindly be rejected.
Learned Senior counsel appearing for the petitioners submits
that position/argument raised by learned State counsel has already been
noticed by this Court while passing order in Sarabjit Singh (supra) and the
interest of the State has already been protected to mean that if any order is
passed by the Hon'ble Supreme Court of India modifying the judgment in
Sukhjad Singh (supra) in any manner, the same will be applicable upon the
petitioners without there being any other appeal qua the present order.
Keeping in view the above, present petition is disposed of in
terms of the order passed by this Court in Sarabjit Singh (supra) subject to
the observations made hereibefore.
November 12, 2024 (HARSIMRAN SINGH SETHI)
aarti JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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