CENTRAL BUREAU OF INVESTIGATION Vs. BIBI JAGIR KAUR

JUDGEMENT

(1.) THROUGH this Crl. Misc. No. 13254-M of 2001, filed under Section 482 Cr.P.C., Central Bureau of Investigation (CBI) has prayed for the quashing of orders dated 13.2.2001 Annexure P-1 and 12.3.2001 Annexure P-2 passed by Special Judicial Magistrate, CBI (Punjab), Patiala. Before we proceed to deal with the question whether these orders passed by Special Judicial Magistrate, CBI, Patiala are or are not legal, it would be useful to advert to the facts which have given rise to these orders.

(2.) ONE Crl. Misc. No. 11534-M of 2000 was filed by Kamaljit Singh resident of Begowal, District Kapurthala in this court. Another Crl. Misc. No. 11329-M of 2000 was filed by Lawyers for Human Rights through its Vice President. In these Crl. Misc. applications, this court gave the following directions vide order dated 9.6.2000 :-

(3.) BIBI Jagir Kaur filed Crl. Misc. No. 42172-M of 2000 under section 438 Cr.P.C. for securing anticipatory bail. Hon'ble S.S. Nijjar, J. vide order dated 15.11.2000 allowed her anticipatory bail while observing that having examined the matter prima facie, there was no material before the court to justify custodial interrogation of Bibi Jagir Kaur. Operative portion of the order reads as follows :-