BIBI JAGIR KAUR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) According to the F.I.R. the case of the prosecution is that a Crl. Misc. No. 11534-M of 2000 was filed by one Kamaljeet Singh in this Court. Another Crl. Misc. No. 11329-M of 2000 was filed by Lawyers for Human Rights through its Vice-President. In these cases, this Court gave following directions vide order dated 9.6.2000 :-

(2.) In compliance with the orders dated 9.6.2000, a preliminary enquiry No. SI 1 2000 S 0001 dated 11.7.2000 was registered in Special Investigation Cell 1 of CBI, New Delhi. According to the F.I.R., the enquiry has revealed that Harpreet Kaur daughter of Bibi Jagir Kaur, President, SGPC and resident of village Begowal had an intimate love affair with Kamaljeet Singh son of Darshan Singh resident of village Begowal, Distt. Kapurthala. A secret engagement ceremony was conducted at Chandigarh on 6.9.1999. During the course of love affair, Harpreet Kaur had become pregnant. The said pregnancy was confirmed on 12.2.2000 by Dr. (Mrs.) Jyoti Rana of Rana Medical and Maternity Centre, Sector 39-B, Chandigarh. Bibi Jagir Kaur was opposed to the marriage between the two and she, therefore, allegedly entered into a criminal conspiracy with Mrs. Dalwinder Kaur, Paramjeet Singh, Nishan Singh and others to send her away from Chandigarh to Phagwara to avoid her meeting Kamaljeet Singh. They had decided to illegally detain Harpreet Kaur and cause her miscarriage with the knowledge that such an act was likely to cause her death.

(3.) The enquiry has further revealed that on 18.3.2000, Dalwinder Kaur, alongwith her driver Harvinder Kumar @ Binder had taken Ms. Harpreet Kaur to her residence in Phagwara on the pretext of taking her to Patiala for shopping for her marriage. She was compelled to stay at Phagwara against her wishes. On 19.3.2000, Smt. Satya wife of Bhag Ram, maid servant of Dalwinder Kaur gave tea to Harpreet Kaur and on consuming the same, she started feeling giddy and became unconscious. Ultimately, this is stated to have resulted in her abortion. Thereafter, again Harpreet Kaur was kept in illegal confinement at the house of Dalwinder Kaur at Phagwara. ASI, Nishan Singh, PSO of the petitioner, Smt. Satya, Harvinder Kumar @ Binder, Sanjeev Kumar and others used to guard her during her illegal confinement. On 8.4.2000, Harpreet Kaur jumped out of a small window of the room and reached a place nearby Jalandhar from where she contacted Kamaljeet Singh and asked him to come and take her. Kamaljeet and his sister Manjeet Kaur took her to Sports School Rai, Sonepat on 8.4.2000, where they halted on 9.4.2000 at the house of one Smt. Kulwinder Chauhan. Kamaljeet Singh even contacted his family members and learnt that police officials had visited his house to make enquiries about his whereabouts. Harpreet Kaur also contacted her mother and protested against sending the police to the house of Kamaljeet Singh at Begowal. On assurance given by her mother, Harpreet Kaur accompanied by Kamaljeet Singh and his sister Manjeet Kaur, returned to Jasdil Mansion, Phagwara, on 10.4.2000. On that date, Kamaljeet Singh and Manjeet Kaur were dropped at village Begowal. Then, again Harpreet Kaur was illegally confined. On 20.4.2000, she was reported to have developed a state of acute dehydration due to vomiting and dysentery. The enquiry has revealed that she was not given any medicine nor she was taken to any doctor. She allegedly died around 2/2.30 a.m. in the intervening night of 20/21.4.2000.