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HC rejects Punjab’s plea against eviction of Malerkotla DC, SSP: ‘You have to face the music’

The bench also questioned the poor infrastructure for judicial officers in districts such as Moga, Mohali and Pathankot.

4 min readDec 5, 2025 06:20 PM IST

While Advocate General M S Bedi, assisted by state law officers, represented Punjab, Senior Advocate Gourav Chopra appeared on behalf of the high court.

The Punjab and Haryana High Court Friday rejected Punjab’s plea seeking the modification of its September 12 direction to vacate the residences occupied by the Deputy Commissioner (DC) and the Senior Superintendent of Police (SSP) in Malerkotla for housing the District and Sessions Judge, and asked the state to explain why the order had not been complied with despite repeated extensions.

The bench confronted the state with the timeline, noting that Punjab’s review petition against the September 12 order had been dismissed on October 1 and that its subsequent Special Leave Petition was withdrawn before the Supreme Court on November 14 with limited liberty only to seek an “extension of time” before the high court.

The state, however, reiterated its request for modification, arguing that the residences of the DC and SSP could not be vacated immediately due to structural, administrative and public-safety constraints. While Advocate General M S Bedi, assisted by state law officers, represented Punjab, Senior Advocate Gourav Chopra appeared on behalf of the high court.

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Chopra submitted that the state was attempting to re-litigate issues that were already rejected in review. “Under the guise of a modification application, the order cannot be sought to be recalled,” he argued, stressing that the Supreme Court’s liberty was confined to seeking more time to comply, not to reopen the merits.

The bench agreed: “I did not say the SLP is not maintainable. I just said that if there is an application for review filed and that has not found favour with the High Court, that order stands and cannot be wished away.”

The state placed its status report and affidavits on record, listing steps taken since September:

Two fully functional courtrooms handed over in July
Construction of a Family Court underway
Tendering for the District and Sessions Judge’s courtroom in process
Transfer of 13.6 kanals for judicial residences
Revised architectural drawings prepared after Building Committee observations
Identification of land for the SSP’s permanent residence
Technical reports declaring the existing DC and SSP residences unsafe for conversion

Bedi argued that without approved plans from the Building Committee, “we cannot proceed further,” and sought “reasonable time” to complete both residences and the permanent courtrooms.

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Chopra countered that almost all the developments cited pre-dated the September 26 review petition and its dismissal on October 1. “This is all repetition. Ultimately, nothing has happened in terms of compliance,” he said. The bench observed that high court records showed no pending proposals before the Building Committee after November 11.

Bench questions lack of accommodation in Mohali, Moga, Pathankot

During the hearing, the bench also flagged what it called a “strange” and “shocking” pattern across established districts such as Moga, Mohali and Pathankot, where district and sessions judges continue to live in requisitioned premises rather than official residences.

“Why is it so?” the Chief Justice asked, expressing disbelief that basic judicial infrastructure had been ignored for years. The court said providing permanent housing for judicial officers was a fundamental responsibility of the state, not a matter of discretion.

“When you create a district without infrastructure, you will face this problem. You have to face the music,” said Chief Justice Nagu.

‘Where is the compliance report?’

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The court noted that on November 21, it had granted the state time until December 5 to comply with the September 12 order and file a compliance report. “Where is the compliance report? Today is December 5. The state machinery cannot be allowed three months for such an exercise,” the bench remarked.

Chopra argued that the state was effectively asking that the DC and SSP “continue occupying the premises” meant for the sessions judge, a prayer already rejected.

Bedi said the state was “fully committed” to compliance and accepted that the ultimate responsibility lay with the government.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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