Sippy murder case: CBI court junks Kalyani’s plea seeking documents

Ramkrishan Upadhyay

Chandigarh, August 24

A CBI court has dismissed an application of Kalyani Singh, an accused in the murder case of Sukhmanpreet Singh Sidhu, alias Sippy Sidhu, for issuing direction to the ahlmad or some other official of this court to provide her documents in compliance with the directions of the Punjab and Haryana High Court.

The accused had filed the application after the CBI failed to provide the documents. She maintained that she had approached the High Court for the papers in accordance with Section 207 of the CrPC.

The accused said it was apparent that the High Court did not direct to supply any un-relied document but such documents that formed part of the principal report under Section 173(2) of the CrPC.

In its reply, the CBI submitted that it had filed an SLP before the Supreme Court, which was pending and in case the documents were supplied, the SLP would become infructuous and serious prejudice would be caused to the agency.

After hearing the arguments, the court dismissed the plea and said a perusal of para 17 of the High Court’s order showed that it was not the directions to the trial court to supply the documents. The court said as per the order, the documents were to be supplied to the accused by the prosecution, it said.

Till date, the prosecution had not filed any such application and rather its plea for non-compliance was the pending SLP before the Supreme Court, and that if before a decision on the SLP, the documents were supplied, the said SLP would become infructuous. The non-compliance by the prosecution had already been informed to the High Court. Thus the contention of the defence counsel to bypass the direction and direct the official of this court to supply the documents to the accused was not sustainable and the application stood dismissed, the court said.