Saturday, December 16, 2000,
Chandigarh, India






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SC notice to Jagir Kaur
Refuses interim order for custody
From Our Legal Correspondent

NEW DELHI, Dec 15 — The Supreme Court today issued notice to former President of the Shiromani Gurdwara Parbandhak Committee, Bibi Jagir Kaur, on two special leave petitions filed by the CBI and another, challenging the order of the Punjab and Haryana High Court of November 15 granting anticipatory bail to her in the case of alleged murder of her daughter Harpreet Kaur.

A two-Judge Bench of the court comprising Mr Justice D P Mohapatra and Mr Justice Shivraj V. Patil, while ordering the notice to be returnable by January 2, 2001, declined to pass any interim order as sought by the CBI for arresting her for custodial interrogation.

The other special leave petition has been filed by Mr Kamaljit Singh with whom deceased Harpreet Kaur was allegedly married before her murder.

Earlier, Solicitor-General Harish Salve, appearing for the CBI, sought the intervention of the judges for the cancellation of the anticipatory bail forthwith as the order of the high court was patently illegal. The order granting her anticipatory bail actually throttled the attempts of the CBI to interrogate Bibi Jagir Kaur as the first accused in the case, he said.

Mr Salve submitted that the CBI must be permitted to have a custodial interrogation of the accused as the charge sheet had to be filed in the case by January 3. In case, the CBI was not able to file the charge sheet by January 3, the other accused in the case who were in custody would be entitled to get bail, he added.

The judges, however, were of the view that no interim order be passed before issue of notice to Bibi Jagir Kaur and hearing her. The Judge made it clear that the respondent had to be given an opportunity before any order was passed in the SLPs.

The case of the CBI is that Harpreet Kaur died on the night of April 20 this year and her body was cremated hurriedly. Her death was declared natural by the police.

The Punjab and Haryana High Court on a public interest petition directed the CBI to take charge of the investigation following which an FIR was registered on October 3 and some of the accused were arrested. The mandatory requirement of law is that charge sheet must be filed within 30 days, the petition stated.Back

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