Chandigarh, May 30
In less than a week after reports appeared in certain newspapers regarding sexual exploitation of three girls by “influential persons”, including politicians, at Amritsar, a Division Bench of the Punjab and Haryana High Court today directed probe by the Central Bureau of Investigation (CBI).
Issuing the directions, the Bench, comprising Chief Justice Mr B.K. Roy and Mr Justice V.M. Jain, ruled: “Punjab’s Advocate-General Harbhagwan Singh, appearing on behalf of the state, has taken up a stand that in the peculiar facts and circumstances, it is a fit case in which the investigation should be handed over to the CBI. Standing counsel for the CBI, Mr Rajan Gupta, has taken up a stand that the investigating agency will abide by whatever orders the court will pass”.
The Judges further ruled: “The very preamble of the Constitution of India talks of securing three types of justice — Social, Economic and Political. Article 23 of the Constitution prohibits immoral trafficking. The Parliament enacted the Prevention of Corruption Act for stopping corruption.
“Having regard to the entire facts and circumstances, including the statement of the respondents (the victims) made yesterday before Amritsar’s Judicial Magistrate, which have been handed over to the office of this Court, we are of the view that it is in the interest of all concerned — the police officials, the bureaucrats, the Judiciary in the state of Punjab and all others who may be involved or having interest of any type — that the CBI should take over the investigation of the case registered at Civil Lines Police Station in Amritsar.”
The Judges added: “We direct the CBI to take over the investigation of the FIR dated May 23 at once and proceed to interrogate all concerned involved in the alleged crime.... Advocate-General informs us that Amritsar’s Superintendent of Police Kunwar Vijay Pratap Singh is present in the Court with the police record, except a part of it. We, in order to expedite the investigation, direct him to hand over the record at the CBI’s office in Sector 30, Chandigarh, by 5 pm itself and the remaining record latest by day after tomorrow.”
The Judges asserted, “Our interim direction to Punjab’s Director General of Police, to see that the respondents (girls) are not harmed in any manner whatsoever, will be followed in pith and substance subject to further orders of the Court”.
In their detailed order, the Judges observed: “We need to clarify to the media that there is a world of a difference between the judges of subordinate judiciary and the Judges who have retired. Those in the office are accountable to the High Court under Article 235 of the Constitution, whereas those not in the office are not accountable to the High Court being not within the supervision and control under Article 235 of the Constitution.... We also hope and trust that the media will abide by the guidelines already issued by the Press Council of India, the relevant laws in that regard laid down in a number of judgements rendered by different High Courts as well as the Apex Court of the country”.
