{"id":29438,"date":"2009-11-12T00:00:00","date_gmt":"2009-11-11T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009"},"modified":"2017-08-19T20:10:22","modified_gmt":"2017-08-19T14:40:22","slug":"hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009","title":{"rendered":"Hemant Goswami vs State Of Haryana And Others on 12 November, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Hemant Goswami vs State Of Haryana And Others on 12 November, 2009<\/div>\n
           IN THE HIGH COURT OF PUNJAB AND HARYANA\n                         AT CHANDIGARH\n\n                    Civil Writ Petition No.5806 of 2009\n                   Date of decision: 12th November, 2009\n\nHemant Goswami\n                                                                 ... Petitioner\n                                    Versus\nState of Haryana and others\n                                                             ... Respondents\n\nCORAM:       HON'BLE MR. JUSTICE T.S. THAKUR\n             HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA\n\nPresent:     Mr. A.P.S. Shergill, Advocate for the petitioner.\n             Mr. Anil Rathee, Additional Advocate General, Haryana\n             for respondents No.1 to 3.\n             Mr. Rajdeep Singh Cheema, Advocate\n             for respondent No.4.\n             Ms. Madhu Dayal, Additional Advocate General, Punjab\n             for respondent-State of Punjab.\n\n\nKANWALJIT SINGH AHLUWALIA, J.\n<\/pre>\n
             This writ petition has brought into focus prevailing system of<\/p>\n
sending release warrants by the Courts to the jail authorities in respect of<\/p>\n
prisoners. We have been called upon to examine whether the system in<\/p>\n
existence is adequate and efficacious, or some amendment of the Rules<\/p>\n
in force is required.\n<\/p>\n
             To answer the above said issue, during the course of hearing<\/p>\n
of this writ petition on various dates, we called upon all concerned, which<\/p>\n
included the Director General of Prisons, Punjab, Haryana, U.T.<\/p>\n
Chandigarh and even the Listing Committee of this Court on<\/p>\n
administrative side to make suggestions for ensuring immediate delivery<\/p>\n
of release warrants to the Superintendent of jails concerned, so that the<\/p>\n
benefit of release on bail or acquittal to the prisoners is not denied for lack<\/p>\n
of effective means of communication. An effort was made by all the<\/p>\n
involved to evolve an effective mechanism for immediate delivery of
\n Civil Writ Petition No. 5806 of 2009                                       2<\/span><\/p>\n
release warrants passed by the competent courts. We intend to dispose<\/p>\n
of this writ petition by taking into consideration the suggestions advanced,<\/p>\n
various facets of the problem and apprehension and doubts expressed<\/p>\n
over the suggestions advanced. Before we do so, it will be necessary to<\/p>\n
advert to the facts of the case and give details of various steps<\/p>\n
undertaken in consequence of filing of the writ petition and the<\/p>\n
proceedings which originated therefrom.\n<\/p>\n
               This writ petition was filed, purportedly in public interest, by<\/p>\n
Hemant Goswami, who claims himself to be a social activist. According to<\/p>\n
the petitioner, one Hawa Singh Rathi (hereinafter referred to as, ‘the<\/p>\n
accused’), to whom the petitioner perceives to be a social worker, was<\/p>\n
engaged in the affairs of the community development, was a participant of<\/p>\n
NGO and was arrested in case FIR No. 31 dated 19.02.2008 registered at<\/p>\n
Police Station Chandimandir under Sections 420\/406 IPC. We need not<\/p>\n
examine the averments made in the writ petition that Hawa Singh Rathi<\/p>\n
was falsely implicated, as this is not a fact in issue and is subject matter<\/p>\n
of the trial. Suffice it to say that the accused was arrested on March 30,<\/p>\n
2008 and was produced on that day in the Court of Ms.Anshu Shukla,<\/p>\n
Additional Chief Judicial Magistrate, Panchkula, who remanded the<\/p>\n
accused to judicial custody. The application for grant of bail to the<\/p>\n
accused was instituted on the same day and a notice was issued for April<\/p>\n
2, 2008. The bail application was argued and the orders granting bail<\/p>\n
were pronounced on 3rd April, 2008. In compliance with the order,<\/p>\n
necessary bail and surety bonds were furnished. The petitioner has<\/p>\n
averred that the Court had passed the release order and in pursuance<\/p>\n
thereof, release warrant was prepared on the same day, i.e. 3rd April,<\/p>\n
2008 at 3.00 p.m. The grievance made in this writ petition is that the<\/p>\n
accused was released from the jail only on 7th April, 2008 and for five<\/p>\n
days, i.e. April 3, 4, 5, 6 and 7, 2008, detention of the accused in jail was
\n Civil Writ Petition No. 5806 of 2009                                     3<\/span><\/p>\n
not warranted. The cause of delay in releasing the accused is stated to be<\/p>\n
non-reaching of the release warrants from Panchkula Court to the Central<\/p>\n
Jail, Ambala. The reasons for delay, according to the petitioner, are<\/p>\n
malafide intention on the part of those influential persons, who had<\/p>\n
allegedly got the accused arrested and prevailing corruption in the<\/p>\n
system. The petitioner alleges that no paper moves forward until the<\/p>\n
palms of those who deal with it are greased. In the writ petition, directions<\/p>\n
have been sought to ensure accountability of the system, grant<\/p>\n
compensation to the family of the accused and to hold an inquiry into the<\/p>\n
circumstances, due to which the accused remained detained for the time<\/p>\n
more than required and to initiate proceedings under Section 166 of the<\/p>\n
IPC against the erring officials.\n<\/p>\n
               Raj Kumar, HPS-I, Chief Probation Officer submitted his<\/p>\n
counter-affidavit on behalf of respondents No.1 to 3. He stated therein<\/p>\n
that the accused was admitted in Central Jail, Ambala on 31st March,<\/p>\n
2008. The release warrants dated 3rd April, 2008 were received in the<\/p>\n
office of Superintendent, Central Jail, Ambala by post Under Postal<\/p>\n
Certificate on 7th April, 2008 and on receipt of the release warrants, the<\/p>\n
accused was released from the jail.\n<\/p>\n
               District Panchkula is not having its own jail, therefore, the<\/p>\n
undertrials in cases pending at Panchkula or those convicted at<\/p>\n
Panchkula are confined in Central Jail, Ambala.\n<\/p>\n
               The Director General of Prisons, Haryana had ordered an<\/p>\n
inquiry and deputed Jasvinder Singh Gill, Assistant District Attorney to<\/p>\n
hold the inquiry. The inquiry report has been placed on record along with<\/p>\n
the counter affidavit. The Inquiry Officer recorded statement of Sukhchain<\/p>\n
Singh, Civil Nazir at District Court, Panchkula. He stated that on 3rd April,<\/p>\n
2008 at 4.20 p.m., release warrants were received by him and on 4th April,<\/p>\n
2008, he went to the post office of Gurukul, Panchkula and had posted
\n Civil Writ Petition No. 5806 of 2009                                            4<\/span><\/p>\n
the release warrants Under Postal Certificate. The Civil Nazir has also<\/p>\n
disclosed to the Inquiry Officer the procedure prevailing regarding<\/p>\n
sending of release warrants to jail authorities. In case the parokars of the<\/p>\n
detenue are desirous of immediate release, then an application is filed in<\/p>\n
the Court stating therein that they are ready and willing to bear the<\/p>\n
expenses of special messenger and release warrants be sent to jail<\/p>\n
authorities through special messenger. The Inquiry Officer submitted that<\/p>\n
on 4th April, 2008, release warrants were posted at Panchkula. They<\/p>\n
reached Ambala jail on 5th April, 2008. In the Post Office, Ambala, there is<\/p>\n
a post box\/window in the name of Central Jail, Ambala. 5th April, 2008<\/p>\n
was Saturday. The following day, i.e. 6th April, 2008, being Sunday, on 7th<\/p>\n
April, 2008 jail officials collected the release warrants from the post box<\/p>\n
and the accused was released.\n<\/p>\n
               Dr. John V. George, IPS, Director General of Prisons,<\/p>\n
Haryana filed a short affidavit. In the affidavit so filed, it has been<\/p>\n
submitted that in the cases where accused are brought in custody by the<\/p>\n
police from jails, the orders of release and release warrants of the<\/p>\n
accused brought from the jails are handed over to the police officials, who<\/p>\n
had brought the accused from the jail. On their return journey, police<\/p>\n
escort officials hand over the release warrants to jail authorities and the<\/p>\n
accused is released. Where the accused is not brought from the jail and<\/p>\n
is ordered to be released on bail or otherwise, the release warrants are<\/p>\n
handed over to the Court staff (Piada) for onward transmission to jail<\/p>\n
authorities. In case this procedure is not followed, the release warrants<\/p>\n
are sent through post. The Director General of Prisons, Haryana gave<\/p>\n
following two suggestions:\n<\/p>\n
               “a)     It   would      be   desirable   that   the   Judicial
\n       Magistrates who issue release warrants on case to case
\n       basis to seek the compliance report from the subordinate
\n       staff such as Ahlmad, Najar & other concerned to the effect
\n Civil Writ Petition No. 5806 of 2009                                        5<\/span><\/p>\n
       as to whether the release warrants issued by him have since
\n       been delivered to the Jail Authorities concerned on the same
\n       date.\n<\/p>\n
               b)      That the system of delivery of release warrants
\n       through post be dispensed with and release warrants to be
\n       either sent through a process server or through Courier
\n       Service. In the absence secured digital signature and other
\n       safety\/ cyber security systems, it would not be appropriate to
\n       introduce release orders delivery through E-Mail. The same
\n       is true about facsimile transmission also. The Speed Post
\n       Service of the Postal Department may be used wherever it is
\n       available.”\n<\/p>\n<\/p>\n
               On 17th December, 2008, a Committee consisting of various<\/p>\n
officials of State of Haryana held its meeting. It took into consideration<\/p>\n
Rule 4 of Part B of Chapter 20, Volume (III) of Punjab and Haryana High<\/p>\n
Court Rules and Orders. Rule 4 reads as under:\n<\/p>\n
               “RULE-4 “Warrants for release or remission of
\n               sentence:-<\/p>\n
               Warrants for the release or remission of sentence of
\n       prisoners confined in jail, warrants for the release of
\n       prisoners on bail, and intimations of payment of fine sent to
\n       jail authorities should always be drawn up in Urdu or in
\n       English and should be signed in full by such officer and
\n       sealed with the seal of his Court.\n<\/p><\/blockquote>\n
               On receipt of warrant for the release of a prisoner it
\n       should be forwarded without delay by registered cover to the
\n       jail in which the prisoner is confined, if it is necessary to send
\n       it through the agency of the post.”\n<\/p><\/blockquote>\n
<\/blockquote>\n
               The Committee also noticed section 442 (1) of the Code of<\/p>\n
Criminal Procedure. The same reads as under:\n<\/p><\/blockquote>\n
               “Section 442(1):- “Discharge from Custody:- As
\n       soon as the bond has been executed, the person for whose
\n       appearance it has been executed shall be released; and,
\n       when he is in jail, the Court admitting him to bail shall issue
\n Civil Writ Petition No. 5806 of 2009                                     6<\/span><\/p>\n
       an order or release to the officer in charge of the jail, and
\n       such officer on receipt of the orders shall release him.”<\/p><\/blockquote>\n
\n<\/blockquote>\n
               The Committee also took into consideration the instructions<\/p>\n
dated 28th July, 1990 issued by the High Court under the directions of<\/p>\n
Hon’ble the Chief Justice. The letter has been attached with the additional<\/p>\n
affidavit of Director General of Prisons, Haryana as Annexure R-1. It will<\/p>\n
be apposite here to reproduce the relevant portion of the letter:<\/p>\n<\/blockquote>\n
               “I am directed by the Hon’ble Chief Justice and Judges
\n       refer you on the above subject and to say that all released
\n       warrants issued by various Courts at the Sub-Divisional Head
\n       Quarters regarding the day should be entrusted to an official
\n       of the Court and should serve the same on the jail authorities,
\n       the same day. Necessary expenses of his travel can be
\n       conveyed by a reasonable fee which can be paid by the
\n       petitioner.”<\/p><\/blockquote>\n<\/blockquote>\n
\n<\/blockquote>\n
               On the facts of the case, the Committee noticed that an<\/p>\n
application was filed on 3rd April, 2008 itself by the parokars of the<\/p>\n
accused that a special messenger be deputed for taking the release<\/p>\n
warrants to jail authorities at Ambala, but no fee was deposited, therefore,<\/p>\n
the Nazir reported that expenses of special messenger have not been<\/p>\n
paid by the applicant therefore, he be allowed to send release warrants<\/p>\n
through post Under Postal Certificate. On permission granted to this<\/p>\n
effect, release warrants were sent on 4th April, 2008 by post Under Postal<\/p>\n
Certificate. The Committee recommended that the instructions dated 28th<\/p>\n
July, 1990 (Annexure R-1), the relevant portion of which has been<\/p>\n
reproduced above, either be modified or exempted in deserving cases.<\/p><\/blockquote>\n
               In the circumstances noted above, the entire focus shifted on<\/p>\n
the communication dated 28th July, 1990 sent by this Court, wherein it<\/p>\n
was stated that the release warrants issued by the Court of Sub-
\n Civil Writ Petition No. 5806 of 2009                                        7<\/span><\/p>\n
Divisional Headquarters can be served through a special messenger in<\/p>\n
case necessary expenses of the special messenger are paid by way of<\/p>\n
reasonable fee by the detenue. Meanwhile, the listing Committee<\/p>\n
consisting of three judges, on the administrative side, reviewed the matter<\/p>\n
regarding issuance of release warrants by post\/special messenger on<\/p>\n
payment of TA\/DA and recommended amendment in Rule 4 Part B of<\/p>\n
Chapter 20, Volume (III) of the Punjab and Haryana High Court Rules and<\/p>\n
Orders. The proposed amendment reads as under:\n<\/p>\n
               “On receipt of warrant for release of a prisoner, it
\n       should be forwarded through e-mail under digital signatures
\n       immediately provided that till such time such facility is made
\n       available in all the Jails\/sub jails, the release warrants be
\n       sent through Fax as well as through registered post.”<\/p>\n<\/blockquote>\n
               The Financial Commissioner and Principal Secretary of<\/p>\n
Government of Haryana, Jails Department, had conveyed to the Registrar<\/p>\n
of this Court that in the State of Haryana all district jails are located within<\/p>\n
8 kilometers from the courts, except in case of Sub-Divisional Courts and<\/p>\n
new District Courts at Panchkula, Fatehabad and Nuh. The special<\/p>\n
messenger (Piada), who is a Class-IV employee of the Haryana<\/p>\n
Government, is entitled to draw TA\/DA from the Government, only if he<\/p>\n
undertakes a journey more than 8 kilometers in the course of his duty.<\/p>\n<\/blockquote>\n
Nominal fee prescribed and charged for serving the release warrants<\/p>\n
through special messenger (Piada) is Rs.100\/-. He further stated that in<\/p>\n
the month of January, 2009, only 564 release warrants were received in<\/p>\n
various jails in the State of Haryana. It was further submitted that State of<\/p>\n
Haryana is establishing 2 MB dedicated line and introducing video<\/p>\n
conferencing system between the courts and jails, as part of State Wide<\/p>\n
Area Network. The video conferencing system, according to the Secretary<\/p>\n
Jails, will become operational within three months.
\n Civil Writ Petition No. 5806 of 2009                                         8<\/span><\/p>\n
               We have heard counsel for the parties. During course of<\/p>\n
arguments, by reference to the pleadings, it has emerged that the release<\/p>\n
warrants are sent to the authorities through following modes:<\/p>\n
       (a)     In case the prisoner comes to the Court and is ordered to be<\/p>\n
               released, the release warrants along with the prisoner are<\/p>\n
               taken by the police escort to the jail and after verification that<\/p>\n
               he is not involved in any other case, the prisoner is released<\/p>\n
               by the jail authorities.\n<\/p><\/blockquote>\n
       (b)     On grant of bail or acquittal, in case the prisoner is in jail, the<\/p>\n
               release warrants can be communicated to the jail authorities<\/p>\n
               through special messenger and a fee of Rs.100\/- is to be<\/p>\n
               deposited. On deposit of the fee, special messenger takes<\/p>\n
               the release warrants to the jail and the prisoner is released<\/p>\n
               on the same day.\n<\/p><\/blockquote>\n
       (c)     In case both the above mentioned modes are not followed,<\/p>\n
               the release warrants are sent to jail authorities through post<\/p>\n
               Under Postal Certificate.<\/p><\/blockquote>\n
               To overcome the delay in sending the release warrants<\/p>\n
through post, Government has suggested that they are in the process of<\/p>\n
establishing video conferencing system between the courts and the jail<\/p>\n
authorities. The committee of the High Court on administrative side has<\/p>\n
suggested amendment of the rule and introduction of sending release<\/p>\n
warrants through e-mail under digital signatures and where this facility is<\/p>\n
not available, to send the same through FAX or through registered post.<\/p>\n
               Counsel for the State has expressed apprehension that a<\/p>\n
number of cyber crimes are being reported and hacking of the system<\/p>\n
and misuse by somebody to send the release warrants through e-mail<\/p>\n
cannot be overruled. This, according to the counsel for the State, will
\n Civil Writ Petition No. 5806 of 2009                                   9<\/span><\/p>\n
compromise the security and can create law and order problem. In the<\/p>\n
cases of terrorist crime or where people of mafia are involved, misuse of<\/p>\n
the system suggested by way of amendment by the Committee of High<\/p>\n
Court cannot be overruled. This, according to the counsel for the State,<\/p>\n
will have wide ramifications and at this stage fallout of the consequences<\/p>\n
cannot be comprehended.\n<\/p>\n
               After hearing all the concerned, we are of the view that the<\/p>\n
prevailing system is working efficiently, effectively and without much<\/p>\n
problem. A stray incident is not sufficient to conclude that the entire<\/p>\n
system requires overhaul or is to be changed drastically. The example,<\/p>\n
which the petitioner has projected, is one out of thousands of release<\/p>\n
warrants, which are being sent to jail authorities. However, this Court<\/p>\n
intends to grant due sanctity to the amendment suggested by the listing<\/p>\n
committee of this Court on administrative side and jail authorities<\/p>\n
regarding video conferencing. Therefore, sending of release warrants<\/p>\n
through e-mail under the digital signatures or information through video<\/p>\n
conferencing may be accepted as an alternative mode for confirmation of<\/p>\n
the release warrants sent through prevailing modes. Taking the facts of<\/p>\n
the present case, since requisite charges were not deposited for the<\/p>\n
release of the accused, no directions, as prayed by the petitioner, can be<\/p>\n
issued.\n<\/p>\n
               Present writ petition is disposed of in accordance with the<\/p>\n
observations made above, but without any order as to the costs.<\/p>\n
    [T. S. THAKUR]                     [KANWALJIT SINGH AHLUWALIA]\n    CHIEF JUSTICE                                 JUDGE\n\nNovember 12, 2009\nrps\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Hemant Goswami vs State Of Haryana And Others on 12 November, 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5806 of 2009 Date of decision: 12th November, 2009 Hemant Goswami … Petitioner Versus State of Haryana and others … Respondents CORAM: HON’BLE MR. JUSTICE T.S. THAKUR […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-29438","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nHemant Goswami vs State Of Haryana And Others on 12 November, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Hemant Goswami vs State Of Haryana And Others on 12 November, 2009 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"2009-11-11T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2017-08-19T14:40:22+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Legal India Admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@legaliadmin\" \/>\n<meta name=\"twitter:site\" content=\"@Legal_india\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal India Admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"14 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Hemant Goswami vs State Of Haryana And Others on 12 November, 2009\",\"datePublished\":\"2009-11-11T18:30:00+00:00\",\"dateModified\":\"2017-08-19T14:40:22+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009\"},\"wordCount\":2619,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"articleSection\":[\"High Court\",\"Punjab-Haryana High Court\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009\",\"name\":\"Hemant Goswami vs State Of Haryana And Others on 12 November, 2009 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"2009-11-11T18:30:00+00:00\",\"dateModified\":\"2017-08-19T14:40:22+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Hemant Goswami vs State Of Haryana And Others on 12 November, 2009\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"name\":\"Free Judgements of Supreme Court & High Court | Legal India\",\"description\":\"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.\",\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"alternateName\":\"Free judgements of Supreme Court & High Court of India | Legal India\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\",\"name\":\"Judgements of Supreme Court & High Court | Legal India\",\"alternateName\":\"Legal India\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"contentUrl\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"width\":512,\"height\":512,\"caption\":\"Judgements of Supreme Court & High Court | Legal India\"},\"image\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\"},\"sameAs\":[\"https:\\\/\\\/www.facebook.com\\\/LegalindiaCom\\\/\",\"https:\\\/\\\/x.com\\\/Legal_india\"]},{\"@type\":\"Person\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\",\"name\":\"Legal India Admin\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"url\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"contentUrl\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"caption\":\"Legal India Admin\"},\"sameAs\":[\"https:\\\/\\\/www.legalindia.com\",\"https:\\\/\\\/x.com\\\/legaliadmin\"],\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/author\\\/legal-india-admin\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Hemant Goswami vs State Of Haryana And Others on 12 November, 2009 - Free Judgements of Supreme Court & High Court | Legal India","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009","og_locale":"en_US","og_type":"article","og_title":"Hemant Goswami vs State Of Haryana And Others on 12 November, 2009 - Free Judgements of Supreme Court & High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009","og_site_name":"Free Judgements of Supreme Court & High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"2009-11-11T18:30:00+00:00","article_modified_time":"2017-08-19T14:40:22+00:00","og_image":[{"width":512,"height":512,"url":"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1","type":"image\/jpeg"}],"author":"Legal India Admin","twitter_card":"summary_large_image","twitter_creator":"@legaliadmin","twitter_site":"@Legal_india","twitter_misc":{"Written by":"Legal India Admin","Est. reading time":"14 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"Hemant Goswami vs State Of Haryana And Others on 12 November, 2009","datePublished":"2009-11-11T18:30:00+00:00","dateModified":"2017-08-19T14:40:22+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009"},"wordCount":2619,"commentCount":0,"publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"articleSection":["High Court","Punjab-Haryana High Court"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009","url":"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009","name":"Hemant Goswami vs State Of Haryana And Others on 12 November, 2009 - Free Judgements of Supreme Court & High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"2009-11-11T18:30:00+00:00","dateModified":"2017-08-19T14:40:22+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/hemant-goswami-vs-state-of-haryana-and-others-on-12-november-2009#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"Hemant Goswami vs State Of Haryana And Others on 12 November, 2009"}]},{"@type":"WebSite","@id":"https:\/\/www.legalindia.com\/judgments\/#website","url":"https:\/\/www.legalindia.com\/judgments\/","name":"Free Judgements of Supreme Court & High Court | Legal India","description":"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.","publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"alternateName":"Free judgements of Supreme Court & High Court of India | Legal India","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.legalindia.com\/judgments\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/www.legalindia.com\/judgments\/#organization","name":"Judgements of Supreme Court & High Court | Legal India","alternateName":"Legal India","url":"https:\/\/www.legalindia.com\/judgments\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/","url":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","contentUrl":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","width":512,"height":512,"caption":"Judgements of Supreme Court & High Court | Legal India"},"image":{"@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/LegalindiaCom\/","https:\/\/x.com\/Legal_india"]},{"@type":"Person","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea","name":"Legal India Admin","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","caption":"Legal India Admin"},"sameAs":["https:\/\/www.legalindia.com","https:\/\/x.com\/legaliadmin"],"url":"https:\/\/www.legalindia.com\/judgments\/author\/legal-india-admin"}]}},"modified_by":null,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/29438","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/comments?post=29438"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/29438\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=29438"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=29438"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=29438"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}