Kamaljit Singh Vs State of Punjab

High Court Of Punjab And Haryana At Chandigarh 5 Jun 2000 Criminal Miscellaneous No. 11534-M of 2000 (2000) 06 P&H CK 0010

Judgement Snapshot

Case Number

Criminal Miscellaneous No. 11534-M of 2000

Hon'ble Bench

Amar Bir Singh Gill, J

Advocates

Mr. R.S. Randhawa, Advocate. Mr. H.S. Mattewaal, AG Punjab with Mr. A.G. Masih, AAG Punjab; Mr. H.L. Sibal, Senior Advocate with Mr. Deepak Sibal, Advocate and Mr. R.S. Ghai, Senior Advocate with Mr. Bipin Ghai, Advocate.A. Delhi Special Police Establishment Act, 1946, Sections, Advocates for appearing Parties

Judgement Text

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Amarbir Singh Gill, J.

1. This order shall dispose of above mentioned two Crl. Misc. Petitions seeking issuance of identical directions under Section 482 Cr.P.C. Since Kamaljit Singh, petitioner, is personally aggrieved on account of acts and omissions of the respondents and is seeking relief by invoking inherent powers of this Court under Section 482 Cr.P.C. the facts disclosed in his petition i.e. Crl. Misc. No. 11534M of 2000 need to be referred primarily in this order.

2. The petitioner has claimed that he belongs to Begowal village of Bibi Jagir Kaur, respondent No. 2. His land adjoins the land of respondent No. 2 in the village. DeceasedHarpreet Kaur was the elder daughter of respondent No. 2 who used to study in the village school in 9th class during 199596 and the petitioner had been visiting the school and she was class fellow of the younger brother of the petitioner. Both petitioner and Harpreet Kaur developed friendship which ultimately culminated into love affair. Harpreet Kaur, lateron, shifted to Chandigarh and they had been initially chatting on the telephone and thereafter he started meeting her at Chandigarh in Sector 39, Chandigarh in the official residence of respondent No. 2 who by that time had been elected as an M.L.A. and inducted into the State Cabinet as a Minister. They also used to meet at Oasis a Motel in Chandigarh and often they stayed together in the official house of respondent No. 2. On one of their stay in Oasis, they also formally got engaged and ceremony was duly photographed and Harpreet Kaur wore bridal clothes as well. This function was kept secret because respondent No. 2 did not approve their relationship. They also continued to exchange love letters/greeting cards. However, respondent No. 2 always discarded their association. At the instance of Harpreet Kaur, they also decided to marry secretly and then seek blessings of her family, as otherwise there would not be any arranged marriage between them.

3. It is further stated in the petition that in the month of December, 1999, Harpreet Kaur alongwith her family members had gone to America from where she spoke to him on telephone and informed that she had conceived by that time. On her return in the month of February, 2000, both of them stayed in the official house of respondent No. 2 at Chandigarh and in the absence of respondent No. 2 from the house, he alongwith Harpreet Kaur consulted a doctor in Sector 39, Chandigarh who confirmed the pregnancy of Harpreet Kaur. Later on the advice of the doctor, Harpreet Kaur also went through ultrasound test and vide which it was confirmed the pregnancy of about 17 weeks and that was a male child. When respondent No. 2 came to know about the presence of the petitioner in her house at Chandigarh, she issued directions that he be sent out of the house but Harpreet Kaur insisted otherwise. She allowed him to leave the house only when respondent No. 2 gave her willingness to their marriage. Respondent No. 2 also advised them to reduce the frequency of their meetings with each other. Harpreet Kaur asked the petitioner on telephone to get ready for formal marriage also in the presence of her family members but then the telephone was abruptly got cut. Thereafter, Harpreet Kaur contacted him only on 9.4.2000 when she informed him that she was speaking from village Bidipur as she had run away from the house of Dalvinder Kaur Desi, respondent No. 4, where she was kept and confined by respondent No. 2. The petitioner alongwith his sister contacted Harpreet Kaur and from there they went to Rai near Sonepat and spent the night there. When he contacted his parents, he came to know that the local police was harassing them at the behest of respondent No. 2. Harpreet Kaur then contacted respondent No. 2 on telephone and asked her not to harass the family of the petitioner and on the asking and assurance of respondent No. 2 on the telephone that she was agreeable to their marriage after the Baisakhi function of that year, she returned to Phagwara alongwith the petitioner. But in the presence of the petitioner, Harpreet Kaur was scolded by respondent No. 2 throughout the night and the arguments were in the nature of fighting between them. Respondent No. 2 even threatened Harpreet Kaur that she will not hesitate to finish them. After Harpreet Kaur had informed the petitioner that during the earlier confinement, she was administered some intoxicants and she became unconscious and thereafter she found herself to be in the hospital where she observed that her bed was completely wet and she had given birth to a child. She had also heard a cry and had momentarily seen the child. From there, she was brought to the house of respondent No. 4 and kept detained there in the servant quarter. She had met the petitioner earlier at Bidhipur having run away from that confinement.

4. It is then alleged in the petition that during their meeting from 9th April to 11th April, 2000, Harpreet Kaur had shown her strong desire to respondent No. 2 to perform her formal marriage with the petitioner and the latter ultimately agreed to the marriage and asked the petitioner to leave and bring his passport since both of them would be sent abroad. The petitioner then left the company of Harpreet Kaur on 11.4.2000 on account of assurance of respondent No. 2 to Harpreet Kaur of their formal marriage. The petitioner and his sister were taken in a vehicle by the gunman of respondent No. 2 in order to leave them at the bus stop but ultimately both of them were brought back to village Begowal and left there without stopping the vehicle any where on the way. The petitioner even contacted respondent No. 2 on the telephone and she assured that Harpreet Kaur was feeling all right and he cannot meet her. Ultimately, the petitioner came to know about the sudden death of Harpreet Kaur from the newspaper. He, however, could not attend the cremation but his mother went to attend the cremation and noticed injuries and blackening on the face from one side of Harpreet Kaur. The petitioner could not reconcile to the sudden death and felt that it could not be a suicide other than something having been done to finish her life. The cremation of Harpreet Kaur and immersing of ashes was done on the same day in hushhush manner. The local police including the S.S.P. did not perform their duty of intervention and even did not perform inquest on the dead body and the dead body was not even subjected to postmortem examination to rule out any suspicious circumstances concerning her death. The petitioner suspected that completion of last rites of the deceased in such hurried manner was in fact with the intention to cause disappearance of the evidence of commission of offence of her murder.

5. The grievance of the petitioner is that in the circumstances because of the official status of respondent No. 2, she being the head of the Dera of the community in village Begowal as well as the President of Siromani Gurdwara Prabandhak Committee (S.G.P.C.) and a former Minister in the Cabinet of the present Chief Minister, there is no likelihood of any fair investigation to unearth the circumstances in which Harpreet Kaur died. The police, if at all, proceeded to wash away all the relevant material which could provide sufficient evidence leading to the cause of unnatural death of Harpreet Kaur more so in view of the disliking of respondent No. 2 of Harpreet''s relationship with the petitioner.

6. With these allegations, the petitioner prays for issuance of directions for investigation of the entire episode leading to the sudden and suspicious death of Harpreet Kaur by an independent agency like the C.B.I. which should take charge of the case so that the persons responsible in committing the offence are booked and the investigation be purposeful and meaningful under the supervision of this Court besides the petitioner and his family be provided adequate security so that they can come forward with the facts in their knowledge to help the investigation as they are under serious threats to their life and limb and they are at a place away from the clutches of the administration.

7. A connected Crl. Misc. No. 11329M of 2000 was filed by "Lawyers for Human Rights" through its Vice President seeking issuance of directions under Section 482 Cr.P.C. to the State of Punjab and the C.B.I. for registration of an FIR under Section 302 I.P.C. for double murder of Harpreet Kaur and the child of Harpreet Kaur and Kamaljit Singh and for destruction of evidence by burning the dead body of Harpreet Kaur, destroying the dead body of the new born child. It has been claimed in the petition that in this country the legal process is unable to probe crimes by the rich and the powerful people. These crimes simply go unpunished and uninvestigated. Few months ago, the daughter inlaw of a Jathedar of Takhat was allegdly killed but not even an FIR was registered. Few years ago, former Deputy Prime Minister''s daughterinlaw died by firearms and the matter was never looked into. This is the tragic truth in this country. The petitioner"Lawyers for Human Rights" invokes the inherent jurisdiction of this Court to do justice or to secure the ends of justice, when it has been reported by the region''s most respected newspaper that daughter of Bibi Jagir Kaur, President of the S.G.P.C. and her new born child have met their ends in circumstances which raise grave doubt about how they have died. The petitioner relies upon news item, annexed as Annexure P1 with the petition, which reveals sufficient details of suspected murder by Bibi Jagir Kaur and her people of her daughter and the new born child of Kamaljit Singh and Harpreet Kaur. The family of the boy is under threat and needs protection. They have publicly declared that they may be killed and Harpreet in all probability has been killed. This is sufficient basis for starting an investigation. There is no hope for an independent probe by the Punjab police which has distinguished itself as mindless tool in the hands of the politicians. The petitioner seeks registration of a case under Sections 302/201/120B read with Section 34 I.P.C. against Bibi Jagir Kaur and other conspirators.

8. When the petition filed by the petitionerKamaljit Singh came up for hearing, Hon''ble Mr. Justice A.S. Garg passed the following order an 28.4.2000 :

"Heard.

Kamaljit Singh, the alleged husband of Harpreet Kaur has brought the present petition under Section 482 of the Code of Criminal Procedure with serious and alarming allegations that he was married with Harpreet Kaur and she was in family way. Harpreet Kaur and the child in the womb were done to death for some ulterior motive. Mother of Harpreet Kaur is stated to be respondent No. 2, Bibi Jagir Kaur, the President of the S.G.P.C. It is claimed that neither any FIR was registered nor any report was made to the police. The cremation was preformed stealthily. It is seriously claimed by the petitioner that on the night of 17/18.2.2000, the petitioner came to Chandigarh and stayed with Harpreet Kaur in her house in Section 39. The couple, it is stated, also went to a doctor in Sector 39 and confirmed that she was pregnant. They also went for ultrasound in a clinic in Sector 22 and it was confirmed that Harpreet Kaur was carrying a pregnancy of 16/17 weeks.

The petitioner received a telephonic call from Harpreet Kaur on 9.4.2000 and she claimed that she had run away from the house of Dalvinder Kaur Desi, respondent No. 4, where she had been confined earlier. It was claimed that ultimately the petitioner and his sister left for Kartarpur. Harpreet Kaur was not heard off thereafter except that the news of her death came from the newspapers. Her cremation was performed in a hurried manner. Her body was not subjected to any postmortem. Petitioner''s mother noticed that face of Harpreet Kaur was totally black. The petitioner''s relations were not shown the dead boy of the deceased. So it is being strenuously claimed that the death of the deceased was not a natural one but was caused at the instance of some one to the knowledge of respondent Nos. 2, 4, 5 and others. The mother of the deceased respondent No. 2 is an M.L.A. and President of S.G.P.C., a very important post.

It is claimed that the petitioner is the husband and the child in the womb of the deceased belonged to him. He has thus locus standi and entitled to get the matter investigated. Since very influential persons were interested to hush up the matter and rather are concealing the case of a heinous murder, some independent agency be asked to interfere in the matter so that justice could be done to the society at large.

Though, in a case like the present one, it cannot also be presumed that Harpreet Kaur was really murdered but the circumstances and the chain of events and the manner in which some of the respondents have been taking the situation cannot absolve themselves unilaterally that they can do so with impunity and the respondents concerned must come out with clean hands. If the life of the victim has been cut short, it must be revealed and the actual person who has committed the crime must face the rule of law.

Faced with the present situation, a Court of justice cannot ignore all these facts and circumstances and is compelled to take some action in the matter to the extent that notice must go to respondent Nos. 1, 2, 4 to 7 to show cause as to why the matter should not be entrusted to the CBI for investigation when the high ups in the State of Punjab holding power are said to be involved in suppressing the truth. The criminal justice system stands for the justice to the society at large as well as to the aggrieved person.

No notice to respondent No. 3 be issued for the time being.

Notice to respondent Nos. 1, 2 and 4 to 7 for 15.5.2000.

The learned counsel claims that he has video film of marriage/association of the petitioner with Harpreet Kaur and photographs. The same may be placed on record.

Sd/

(A.S. Garg)

Judge."

9. Separate replies were filed on behalf of respondents No. 1 and 6 on 30.5.2000 whereas reply on behalf of respondent No. 2 was filed on 31.5.2000.

10. In the reply on behalf of the respondent No. 1 in the form of affidavit filed by Sh. K.K. Attri, IGP, Crime, various preliminary objections have been raised. It has interalia been contended that on going through the press news about the death of Harpreet Kaur, the S.S.P. of Kapurthala on 22.4.2000 directed the D.S.P., Bholath and also S.P. Headquarter on 24.4.2000 for holding inquest proceedings under Section 174 Cr.P.C. regarding the death of Harpreet Kaur daughter of Bibi Jagir Kaur. Remains of ashes of torso area, bedding and clothes worn by the deceased Harpreet Kaur were taken into possession on 23/24.4.2000 and the same had been sent to F.S.L., Punjab for toxicology opinion and the report is still awaited. It is further stated in the reply that the Director General of Police, Punjab, Chandigarh also directed the S.S.P., Kapurthala through a D.O. dated 25.4.2000 with reference to the news item appeared in the `The Tribune'' dated 25.4.2000 to hold an inquiry by an Officer of the rank of Superintendent of Police and submit his report. The Chief Minister, Punjab also directed the Director General of Police to depute a senior officer to inquire/investigate into the matter, vide his order dated 26.4.2000. As a result of which, the D.G.P, Punjab deputed Sh. K.K. Attri, IGP, Crime to inquire into the matter. He formed a team of officers for this purpose. The inquiry carried by the team revealed that Harpreet Kaur was elder daughter of Bibi Jagir Kaur and one Kamaljit Singh son of Darshan Singh, resident of village Begowal had stayed in Oasis Motel (a private guest house in Sector 22, Chandigarh) nine times between 3.1.1999 to 22.3.2000 and they also went through a ceremony of engagement in the same Motel on 6.9.1999 in room No. 104. Harpreet Kaur w/o Kamaljit Singh, r/o 955, Sector 39, Chandigarh (official residence of respondent No. 2) on 12.2.2000 came to lady Dr. Jyoti Rana, r/o 1026, Sector 39B, Chandigarh and pregnancy test of urine was found positive and she was referred to New Delhi Diagnostic Centre located at SCO No. 2919, Sector 22, Chandigarh where Ultra Sound test was held on 14.2.2000. It was further confirmed that Dr. Jyoti Rana gave antitetanus injection to Harpreet Kaur on 23.2.2000. Statements of the ladies who gave bath to the dead body of Harpreet Kaur have been recorded and they did not find any external visible injury mark on the dead body. The team has also examined every doctor/staff of nursing home/registered nurses and midwives, Phagwara but none has confirmed so far the abortion of Harpreet Kaur. The petitioner nor any of his relatives gave any information to the local SHO suspecting any foul play regarding the death of Harpreet Kaur. The petitioner or his relatives did not come forward to cooperate with the inquiry although notice were issued in the newspapers. Harpreet Kaur died on 21.4.2000. The press reports suspecting foul play with regard thereto appeared in the newspaper for the first time on 22.4.2000. The allegations mentioned in the petition are vague and nebulous which require further inquiry by the police to find out whether any cognizable offence/offences have been committed or not. The inquiry before registration of the case in such cases was permissible as laid down by Hon''ble Supreme Court in AIR 1997 SC 322. It has also been claimed that the petitioner, instead of filing the present petition before this Court, should have filed a complaint before the Magistrate. The petitioner has not adopted any such course.

11. It is furthers stated in the reply that the Punjab State Human Rights Commisison also took cognizance of the facts from the news items of English and Hindi dailies from 25th April to 27th April, 2000 as well as on a complaint filed by Sh. Ranjan Lakhanpal on behalf of the "World Human Rights Protection Council" and the said Commission through one of its Benches issued order on 27.4.2000 to the following effect :

"The Bench has perused the various news items published in English Dailies and Hindi Daily from 25th April to 27th April, 2000 regarding the mysterious death of Harpreet Kaur d/o Bibi Jagir Kaur and the grave threat expressed in those newspapers by Kamaljit Singh and his father and mother Shri Darshan Singh and Smt. Balwinder Kaur.

After perusal of the news items, the Bench is of the opinion that it is a fit case for taking suo moto cognizance under the provisions of Protection of Human Rights Act, 1993.

It may also be mentioned that besides the news items, Shri Ranjan Lakhanpal on behalf of the World Human Rights Protection Council has also filed a complaint No. 1057/2000 before these Commissions. The Bench has gone through the contents of the aforesaid complaint also and is of the opinion that cognizance of the complaint case under the provisions of Protection of Human Rights Act, 1993 be taken and it be registered as a case. The suo moto case and complaint case No. 1057/2000 are consolidated in order to avoid any conflict of opinion as both these relate to the same subject matter.

The Commission after carefully considering the arguments raised by Shri Ranjan Lakhanpal and the entire facts and circumstances figuring in the complaint and news items is of the opinion that photostat copies of the news items and photostat copy of the complaint alongwith this order be sent to the PSH, DGP, Punjab and I.G. Litigation through special messenger within 24 hours and to SSP Kapurthala under Registered A.D. within 24 hours and it will be the duty of the official receiving the communication from the Commission to place it personally before the said authority so that they may send the report on or before 12.5.2000.

From the news item appearing in English Daily Tribune dated 26.4.2000, it appears that Kamaljit Singh and his father and mother Shri Darshan Singh and Smt. Balwinder Kaur have expressed the apprehension that there was a grave threat to their lives. The DGP Punjab after receiving the order from the Commisison will immediately look into the matter and ensure their safety by providing adequate security. The case will come up before the D.B. on 12.5.2000. A copy of this order will be sent to Shri Ranjan Lakhanpal, Advocate today itself."

12. Simultaneously, on 27.4.2000, Punjab State Women Commission also issued notice to the S.S.P., Kapurthala seeking report on the news item appeared in the Tribune (English) on 25.4.2000 with the caption "Harpreet''s death due to family tension ?"

13. It is also claimed in the reply that this Court should not take cognizance of the petition since in view of the notice taken by the Punjab State Human Rights Commission besides the petitioner has an alternate remedy of filing a complaint in the Court of Judicial Magistrate.

14. On merits as well, similar pleas have been taken by answering respondent No. 1. It has been stated that the apprehension of the petitioner regarding any interference or pressure on police is highly ill founded and misconceived.

15. In a separate reply filed by Iqbal Singh, SSP, Kapurthala, he is also claimed to have issued orders of inquiry immediately on publication of news item on 22.4.2000 and also issued directions on receipt of the orders from the Director General of Police. He denied the other allegations of the petitioner.

16. In a separate reply filed by respondent No. 2, Bibi Jagir Kaur, preliminary objections have been taken that the petition is politically motivated at the behest of her political rivals who are out to undermine her position to secure political mileage. The petitioner, instead of filing the present petition, should have approached the police. It has been asserted that the police was acting in accordance with the provisions of the Code of Criminal Procedure as registration of an FIR was only if the commission of cognizable offence was made out. Another objection has been taken that the petitioner has no locus standi to maintain the present petition.

17. On merits, respondent No. 2 has denied about the factum of marriage betwixt the petitioner and deceased Harpreet Kaur. It is denied that respondent No. 2 was in the knowledge of love affair between the two and that she has any thing to do with the death of Harpreet Kaur. It has specifically been denied that Harpreet Kaur was pregnant and the question of alleged murder of the newly born child did not arise at all. The petition is highly defamatory and politically motivated. She has denied even if the petitioner or his family member owns any land in village Begowal or adjoining to her land. She is claimed to have been first elected as an M.L.A. and then became a Minister and she has always worked for the welfare of the public. It has been denied that the petitioner ever came to contact Harpreet Kaur few years earlier or there were any telephonic conversations between him and deceased Harpreet Kaur or she was ever engaged with the petitioner. There was no exchange of any love letters or greeting cards between them. She denied that she ever treated Harpreet Kaur badly or if Harpreet Kaur had decided to marry the petitioner. She did admit that in the month of December, 1999, Harpreet Kaur had left for South Africa and then went to America. She denied for want of knowledge that Harpreet Kaur had any telephonic talk with the petitioner. It is denied that on or around 9.4.2000. Harpreet Kaur ran away to Bidipur and then to Rai near Sonepat. Off and on she visited her daughter at Phagwara and found her to be at Phagwara. In fact, on 9.4.2000, she was at Phagwara ill 9 p.m. and Harpreet Kaur was very much there. She denied if there was any altercation or arguments between her and Harpreet Kaur during that night. Allegation with regard to birth of a child to Harpreet Kaur has been denied. The newspaper reported the death of Harpreet Kaur for the first time on 22.4.2000 whereas the cremation took place on 21.4.2000. The allegations of her murder are denied being absolutely wrong. It has been claimed that the cremation was in accordance with the custom and since there is a belief that ashes of unmarried men and women be not kept over night since they may be misused by sorcerers/tantriks. The ashes were immersed on the same day i.e. on 21.4.2000.

19. Respondent No. 4Dalvinder Kaur Desi, respondent No. 5Paramjit Singh Raipur and respondent No. 7SHO Begowal, however, did not file any written statement in this case.

20. I have heard learned counsel for the parties at length in this case.

20. It would be useful to reproduce below the news item which appeared in the press on 22.4.2000 in respect of death of Harpreet Kaur which is as under :

"Bibi''s teenaged daughter dead

Mystery shrouds circumstances

Tribune News Service

Begowal (Kapurthala) April 21 Harpreet Kaur (19) a daughter of the SGPC Chief, Bibi Jagir Kaur, died under mysterious circumstances while she was "being taken" from Phagwara, where she was staying with a family friend, to a hospital in Ludhiana today in the wee hours. Even as no postmortem examination was conducted, Bibi Jagir Kaur, her kin, friends, certain SGPC officials and the police authorities claimed that there was no foul play and it was a "natural death due to fever and subsequent dehydration."

Harpreet, according to Bibi Jagir Kaur, her brother Nirmal Singh and the SGPC secretary, Dr. Gurbachan Singh Bachan, was undergoing treatment for "fever and vomiting" at Phagwara, for the past few days, but none of them revealed the name of the hospital in which she was admitted or which doctor had been treating her. A visibly shaken Bibi Jagir Kaur, Dr. Bachan preferred to keep mum about the identity of the Phagwara based relative with which her two daughters had been "spending their summer vacation." However, independent inquiries revealed that the two girls had been staying with the family of Paramjit Singh Raipur, an Akali leader and a close confidant of the SGPC chief.

Though most of people at the SGPC chief''s Begowal residence on the outskirts of the village and in the village itself were reluctant to speak to the visiting mediapersons, Bibi Jagir Kaur and Dr. Bachan said Harpreet, who had completed her 102 (10+2 ?) (medical) from Shivalk Public School, Chandigarh, last year and was prepared for the medical entrance test, died on her way to Ludhiana at 2.30 a.m. today.

Bibi Jagir Kaur could not tell the exact place of the death of her daughter or where she joined her ailing daughter, accompanied by her younger daughter Daisy and a security man Nishan Singh but said she had directed Daisy and Nishan Singh to rush to Ludhiana, after they informed her about Harpreet''s deteriorating condition "due to excessive vomiting" at her Sector 39 residence in Chandigarh at 1.30 a.m. "Daisy told me about the condition of Harpreet, which was enough for me to rush to Ludhaina after issuing necessary instructions to Daisy and Nishan Singh. But she collapsed on way to hospital," said Bibi Jagir Kaur, who was sitting in a corner of her "dera" alongwith a number of relatives and mourners. On the contrary, sources said she died after reaching a private hospital in Ludhiana.

"Only last night Harpreet contacted me on my mobile phone at about 11 p.m. and said she was suffering from vomiting and loose motions but I could never visualise she was so serious. Anyway, she was His (Go''s) gift who has taken her back," an apparently undaunted Bibi was seen telling visitors whom she was offering tea with folded hands.

While, Dr. Bachan and Nirmal Singh, a brother of Bibi Jagir Kaur maintained that Harpreet had been with a "family friend" at Phagwara, Harsurinder Singh, an SGPC member who had accompanied Bibi Jagir Kaur and her daughters to South Africa said the deceased had been staying at Phagwara for the past four days. When questioned as to why the body of Harpreet was not sent for postmortem, Dr. Bachan and the SSP, Kapurthala, Mr. Iqbal Singh, said there was no need for that as it was a "natural death". "So many people die of natural death and postmortem is not conducted on all of them," said Dr. Bachan. Similarly, Mr. Iqbal Singh ruled out the possibility of any foul play in the incident. While he was unable to tell exactly where Harpreet died, he said it was not mandatory for the police to send every dead body for post mortem unless there was some complaint from any quarter.

Mr. Balkar Singh, in charge of the Bholath Police Station said it was case of natural death and there was no need to get the post mortem conducted. "She was not a government employee and had not been admitted to any hospital," he said. "We would have been booted out by the dera people had we insisted on post mortem," commented a number of policemen accompanying him.

Talking about the nature and temperament of Harpreet almost all mourners, including Dr. Bachan and Mr. Nirmal Singh said she was too mellow and a sweet child and had a good rapport with residents of the village. The cremation of Harpreet took place here at around 10 a.m. The Punjab Chief Minister, Mr. Parkash Singh Badal, acting Akal Takhat Jathedar, Joginder Singh Vedanti, Golden Temple Head priest, Giani Mohan Singh, Akal Takhat Head Granthi Giani Bhagwan Singh and a number of Punjab Ministers were among thousands of people who attended the cremation. Antim ardas would be held on April 27."

21. Similarly, news items continued pouring in the day to day press thereafter. Some of the news times, which are attached with the connected Crl. Misc. No. 11329M of 2000, are relevant to be reproduced and are as under :

The Tribune

"Tuesday, April 25, 2000

Harpreet''s Death Due to Family Tension ?

Was the mysterious death of Harpreet Kaur, daughter of the Shiromani Gurdwara Parbandhak Committee (SGPC) chief, Bibi Jagir Kaur, at the age of 19, the result of the tension brewing in the family for quite some time over the alleged longtime affair of the former with a boy of Begowal, the ancestral village of Bibi Jagir Kaur, in Kapurthala district ? Was Harpreet pregnant before her "death" ?

The answer could be in the affirmative if one takes in account the available documentary and other evidence including bits of the medical record, some photographs, the greeting cards exchanged between the young couple and the allegations by the parents of Harpreet''s suspected paramour.

Harpreet and Kamaljit, son of a marginal farmer of the same village, had allegedly fallen in love about six years back while she was studying in the village school along with Kamaljit''s younger brother Simranjit Singh. During the initial years, the affair had irked Bibi Jagir Kaur who of late had given her nod to the marriage of the two, particularly after she came to know that Harpreet was pregnant and was getting medical treatment from a Sector 39 doctor in Chandigarh.

The doctor, according to the documents procured by The Tribune, had conducted a pregnancy test and subsequently diagnosed that the test was positive on February 12. The doctor had further referred her for ultrasound and other tests to a Sector 22 diagnostic centre. Interestingly, the certificate issued by the Sector 39 doctor shows Harpreet as wife of Kamlajit, residing at 955, Sector 39, Chandigarh, which is the official residence of Bibi Jagir Kaur, where the young "lovers" used to meet in the latter''s absence against her wishes.

Defying the dictates of Bibi Jagir Kaur, Harpreet and Kamaljit had even organised a ring ceremony function in a Chandigarh hotel in February after Harpreet learned that she was pregnant. Though the Bibi did not participate, Balwinder Kaur and Rosy, mother and sister of Kamaljit alias Tinku respectively and some of his close relatives attended the function. After the function and after learning that her daughter was pregnant, the Bibi reportedly mellowed down and more or less gave a "recognition" to the relationship." We had been treating her as our daughterinlaw", said a sobbing Balwinder Kaur and her husband Darshan Singh, who feared a threat to their lives. "She did not die a natural death as is being said, but had indeed been killed", they alleged. They said she had been forcibly kept by the Bibi at the residence of Balwinder Kaur Raipur, sister of Paramjit Singh Raipur, one of her close confidants, in Joginder Nagar, Phagwara. At this place she had also given birth to a male body on March 19, with the help of a nurse of a nearby private clinic. "Harpreet had told me that she could see her child only once, just after its birth but she was not aware of the child after that," said Balwinder Kaur. Fed up with her "detention", Harpreet had jumped out of her first floor room in the house on April 9 and had reached the Bidhi Railway crossing on the outskirts of Jalandhar and had called Kamaljit and his sister Rosy by making a phone call from the public call office booth there. After this, they proceeded on to Rai village near Sonepat, where they stayed with the mother of one of Rosy''s friends, a teacher in the sports school there. According to Darshan Singh and Balwinder Kaur, irked over the elopement of her daughter Bibi Jagir Kaur had sent a police party to her Begowal residence, which was strongly objected to by "Harpreet". After learning about the act of her mother, Harpreet called up Bibi from Rai over the telephone.

They came back only after the assurance by Bibi Jagir that "she would arrange their marriage," pointed out Balwinder Kaur. "Bibi asked Kamaljit to come along with his passport to Dalwinder Kaur''s Phagwara residence on April 13, where she would be halting for a while. She promised that she would get them married and will arrange to send them to England. At the same time Bibi put a condition that they won''t meet each other till marriage, but both were allowed to talk over the telephone. Practically, she was not allowed to meet Kamaljit after April 11 when she "settled" the affair in presence of a number of people at Phagwara. Bibi also instructed Rosy to remain with Harpreet till the solemnisation of marriage", said Darshan Singh and Balwinder Kaur. Balwinder Kaur stated that though Bibi had agreed for the marriage, but had probably failed to digest the fact that a poor boy was going to marry her daughter. "About three years back, Simranjit was locked in a room in her dera at Begowal and was beaten up by her driver and four others. He was saved by Kamaljit, who got to know about the incident from a small child accompanying Simranjit," recalled Balwinder Kaur, and added that she was not allowed to see Harpreet''s face at cremation but she forced her way and noticed a big black scar on one side of her face. "We are sure that she had been killed", alleged Balwinder Kaur and Darshan Singh wile speaking to the TNS from the place, where they are hiding at present.

The greeting cards and letters (in possession of The Tribune) exchanged between Harpreet and Kamaljit reveal that she had great love for the boy and his family. "To a lovable family, wishing a very happy Diwali", said one of the Diwali greetings. "For a lifetime friend, wish U a very Happy New Year", said another card, purportedly sent by Harpreet to Kamal. Similarly, another letter (dated September, 4) from Harpreet to Kamal read, "My dear Kamal sweet sweet kiss full of great love on your sweet lips. Kamal I love you and cannot live without you.... Tinku your Rose is nothing without you...I love my Tinku which is my every desire, every dream and I will come to you as soon as possible. Your Rose (Harpreet''s nick name) will feel very alone......."

Harpreet was often Beaten :

Tribune News Service

Chandigarh, April 25 "Bibi Jagir Kaur would often abuse and beat Harpreet for her friendship with me and threaten to eliminate both of us."

This revelation was made by Kamaljit, alias Tinku, boy friend of Harpreet Kaur, daughter of the SGPC chief, Bibi Jagir Kaur, who died under mysterious circumstances a few days ago.

Kamaljit is in a state of shock after having read news of the death of his "beloved" in newspapers. According to his parents, he refused to accept that Harpreet, alias Rosy, was dead in the beginning.

In an interview with this correspondent at a village on the periphery of the city, Kamaljit alleged that quarrels were common between Harpreet and her mother as the latter refused to accord recognition to their friendship and was dead set against their marriage till April 11 when she finally gave her assent after a talk with him at the residence of Ms. Dalwinder Kaur Raipur, the Phagwarabased sisterinlaw of Mr. Paramjit Singh Raipur, an Akali leader and a confidant of Bibi Jagir Kaur.

"During our meeting, initially Bibi Jagir Kaur was adamant in her stand and kept threatening that she would get us both killed. At this Harpreet asked me to leave the place immediately. But I did not heed to her suggestion as I feared we would not be allowed to meet again. And my apprehension turned to be true. After April 11 she was not allowed to even make a phone call at my residence," alleged a traumatised Kamaljit.

He said all that was told to him by Bibi Jagir Kaur and Mr. Paramjit Singh Raipur was that Harpreet was not well and, hence, could not talk to anybody. He said he did not believe that Harpreet had died a natural death.

"I suspect that Harpreet and her baby have been killed. Probably, the Bibi could not tolerate her daughter marrying the son of a poor farmer", he lamented.

Kamaljit reveals that Harpreet virtually remained in the custody of Ms. Dalwinder Kaur Raipur for more than 20 days from March 19 till her death on April 21. "As I was worried, I called up Bibi at around 9.30 p.m. on March 19 form a PCO at Begowal village. She assured me that there was no reason for worry as Harpreet was well except for some minor health problem," said Kamaljit alleging that Ms. Dalwinder Kaur had also threatened the "lovers" during this period.

Kamaljit said the Bibi sent a police party from the Begowal police station to fetch "love letters" and photographs of the couple. He confessed that he was frequent visitor to the Sector 39 residence of the Bibi in Chandigarh. This was known to her security guards.

"The Bibi had objection to our meeting there and had advised us against it", Kamaljit said. He said there was a grave threat to the lives of his family members.

"I am here, but I have come to know that my sisters back home are being pressurised by police and civil officials to reveal our whereabouts", he said.

Mr. Darshan Singh and Mrs. Balwinder Kaur, parents of Kamaljit, demanded security by a central force as they feared that a bid might be made on their lives. They also demanded an inquiry into the death of Harpreet by a sitting High Court Judge or by the CBI. "We have no faith in the Punjab police," they said.

According to sources, senior police officials held closeddoor meetings with Bibi Jagir Kaur at her "dera" in Begowal village in Kapurthala district today.

Those who visited the Bibi were Mr. Iqbal Singh, SSP, Kapurthala, and the Additional District Magistrate, Mr. S.S. Bains. But Mr. Iqbal Singh said both officers had gone to the "dera" to make security arrangements for the visit of VVIPs in the wake of Harpreet''s bhog on April 27.

Mr. Iqbal Sigh denied he had received a formal complaint about Harpreet''s death, but said he would initiate necessary action if he received a complaint in this regard.

Bibi is responsible for Harpreet''s Death :

Indian Express

Chandigarh, April 25

"As the controversy rages over the death in whatever manner of Harpreet Kaur, 19yearold daughter of SGPC president Bibi Jagir Kaur, the Indian Express spoke to Kamaljit Singh for his version of events. The 21yearold, who claims to have been her husband and the father of her child, has not spoken in public since Harpreet''s death on Friday night. Today, still unable to accept her death, he accuser Bibi Jagir Kaur of taking the lives of his child and wife. He also fears for his own life, as well as that of his parents, and has asked for police protection.

The crisis that led to Harpreet''s death, he says, could have begun in February, two months after she told him over the phone from the US that she was pregnant. That fact was later confirmed by a Chandigarh doctor.

A regular visitor to Bibi Jagir Kaur''s house in Sector 39, Chandigarh, in her absence, Kamaljit who claims to have known Harpreet for six years and been married to her for 11 months came over to stay with Harpreet on February 18, the day the SGPC president left town. Bibi, he says, found out about his presence four days later and ordered him evicted.

An angry Harpreet walked out of the house with him, Kamaljit says. As they set off for the nearest busstand, her sister Rajneet followed them and convinced Harpreet or Rosie, as she was known among family and friends to talk to their mother, then in ekantvaas at the Phagwara residence of a friend, Dalwinder Kaur.

According to Kamaljit, Bibi told Rosie that she would agree to their marriage and asked her to return home. "Rosie said she do so only if I was allowed to go back with her".

He spent another night in the Sector 39 house, only to be told in the morning that since they would be getting married formally shortly, he should leave and not try to see her before their wedding. "This was what her mother wanted", Kamaljit says.

On March 19, he says, Harpreet called up their place and told this family to prepare for the wedding. "Around 4.30 p.m., the phone was abruptly cut off", says the young. "I heard from her again on April 9, when she called up from Bidhipur (near Jalandhar). She told me that on March 19, when she was confined against her will in Phagwara, she had been given a cup of tea, after drinking which she felt drowsy.

"When she regained consciousness she had found herself at a nursing home, where delivery was induced. A male child was born, whom she heard cry out but never saw."

That child is no longer alive, Kamaljit believes. "The foetus would have been just six months old", he says.

Kamaljit could make out that Harpreet was in very bad shape even as she spoke to him over the phone. "She said she had been locked up on the servants'' quarter of the house and not allowed out. She said they had killed her child and would kill her as well."

The same day, April 9, Harpreet managed to escape by jumping out from the first floor "Accompanied by my sister, she went to the Sonepat residence of some family friends. In the meantime, the police arrived at our Begowal house. When Rosie called up her mother, she was told that as soon as Bibi was relieved from organising the Baisakhi function, she would print the cards for our wedding", says Kamaljit.

A reassured Harpreet returned the next day to Phagwara, where Kamaljit and his sister were supposed to stay with her at Dalwinder Kaur''s house. "Bibi was waiting for us and what she said was very different from what she had said on the phone", says Kamaljit. "We were threatened we''d be killed. We said that we''d sign away any claims Harpreet had on Bibi''s inheritance. This infuriated her further."

However, on April 11, they were again told that they''d be married off properly and sent abroad as soon as their passports came through. "They told me to leave the house for a couple of days and let my sister stay behind with Harpreet. But they packed off both my sister and me to Begowal", says Kamaljit.

"On April 19, at 9 p.m., I got a call from a friend whose father is close to Bibi. He said Harpreet was ill. I called Bibi on her mobile and was told that she was okay."

The next morning, his family woke up to find her body arriving at Begowal. His mother Balwinder says she saw the body on the pyre and noticed a black bruise on the face. "I''m sure Harpreet was killed", she says. "We hold Bibi responsible for her death."

Alleging that Bibi''s friend Dalwinder Kaur at whose Phagwara house Harpreet was staying prior to her death wanted her son to marry Harpreet, Balwinder adds, "like Bibi, we are also Lubanas, so caste or community did not pose a problem to the marriage. She didn''t think our status was worthy of her family."

Declaring their plans to meet the Governor, Kamaljit and his mother say they want a CBI inquiry into the case as they don''t expect justice from the local police. "We haven''t lodged a police complaint ourselves as we fear for our lives", they add."

22. During the pendency of this petition, a Crl. Misc. application was moved by the petitioner seeking security and protection in view of an attack by Inder Singh, gunmen of respondent No. 2, Bibi Jagir Kaur along with "Nihangs" and demolished the part of the house of the petitioner and threats were also hurled to his family members to leave the village Begowal, on which necessary directions were issued by this Court. It has also been admitted in the affidavit filed by respondent No. 6Iqbal Singh, SSP, Kapurthala that in respect of allegations of demolishing the house of the petitioner, few persons have been arrested and security guards have been provided to the sister and mother of the petitioner.

23. Another similar Crl. Misc. application filed by the petitioner by which he sought placing on record a video film in a sealed cover pertaining to the performance of the marriage ceremony with the deceasedrespondent No. 2 etc. was allowed and video film was ordered to be placed on record by this Court and the same is still in a sealed cover.

24. It has also been indicated in the petition that the petitioner has substantial material evidencing the involvement of the respondents in causing the death of deceasedrespondent No. 2. However, he was unable to appear before any local police Officer in view of the threats given to his life and possible destruction of such an evidence by the local police.

25. It has been contended by Sh. R.S. Randhawa, counsel for the petitioner that the police Officers of District Kapurthala including the SHO of Police Station Begowal and S.S.P., Kapurthala, respondent Nos. 7 and 6 respectively have failed to perform their duty as police Officers and did not stop the cremation of deceased Harpreet Kaur without subjecting her dead body to post mortem examination to know the exact cause of her death. He further contended that the press Reporters, who were present at the cremation site, as indicated in the press report on 22.4.2000, the S.S.P., Kapurthala and the other police Officers came to know from the persons present there about the foul play leading to the death of Harpreet Kaur. However, from the very beginning, their attitude was to discourage any such information by claiming that she had died a natural death and there was no necessity of post mortem examination in such cases. However, as indicated in the press report, some of the police personnel present during the cremation expressed their helplessness to protest at that time due to fear of being booted up from there. It has further been contended that the police was totally under the influence of respondent No. 2 who wielded political power as well as high status and as such they abdicated their duty to detect crime at that very moment. It has also been contend that no reason is forthcoming as to why Harpreet Kaur was not kept at the house of her relative at Phagwara but only in a house of the supporter of respondent No. 2 during the fateful days when Harpreet Kaur was made to abort and ultimately to die. Yet another contention has been made that the cremation was a hurried affair as the deceased had died in the wee hours of 21.4.2000 and the cremation was done at 10 a.m. and the ashes as well as the remains of the pyre were washed away at 5 p.m. on the same day. It is further contended that what possible inquest proceedings could have been conducted on 24.4.2000 at that place where there was not trace left of any pyre or ashes etc. after 5 p.m. of 21.4.2000. Ye another contention has been raised that in the affidavit filed by Mr. K.K. Attri, IGP, Crime, the total allegations of the petitioner in respect of performance of engagement ceremony, staying together of the petitioner and Harpreet Kaur many a time in the Oasis Motel in Chandigarh and her having become pregnant out of their union have been admitted. It is further contended that all along respondent No. 2 has been opposing to the association of the petitioner with her daughter Harpreet Kaur.

26. Learned Advocate General, Punjab, has vehemently contended before this Court that the petition is premature. The petitioner has not come out with any evidence before the police to substantiate the allegation. The police agency of the State immediately an appearance of the news item came into action so much so that the Director General of Police as well as the Chief Minister of the State showed their personal concern and issued directions and ultimately a team headed by a very senior Officer of the Crime Branch of the State Police proceeded to hold an inquiry. It is contend that respondent No. 2 and every one concerned with Harpreet Kaur were contacted. On the legal aspect, he has justified to the non registration of any case by way of an FIR in this case since such an inquiry was permissible to the police before proceeding to register a case in view of the law laid down by the Supreme Court in Binay Kumar Singh v. State of Bihar, AIR 1997 Supreme Court 322. Learned A.G. Punjab has referred to para 8A of the said judgment wherein it has been observed that the police rightly did not treat the information as contained in Ext. 10/3 in that case as the first information statement for preparing the FIR in the case, since it being cryptic information and was hardly sufficient for discerning the commission of any cognizable offence therefrom.

27. It would be useful to indicate here that in the aforesaid decision of the Supreme Court the information contained in Ext. 10/3 was to the following effect :

"At this time Rabindra Bhagat son of Soharai Bhagat resident of Paras Bigha, P.S. Jehanabad came to Police Station accompanied by Bhangi Yadav resident of village Titai Bigha and gave the information that the sons (probably he meant sons and grand sons) of late Ram Niranjan Sharma had collected, with large number of persons in his village and they have set fire to the houses and piles of straws and had also resorted to firing. He had fled away seeing the fire and he was not aware of the full facts as to what had happened."

It was observed that the police was justified in making an inquiry before registering a formal FIR in that a case.

28. To substantiate his contention, learned Advocate General, Punjab has referred to the reports appearing in the Press as nebulous in nature and not disclosing any cognizable offence and as such no case was registered on its basis and inquiry has been gone on its. He also contend that the petitioner and an alternate remedy of filing a complaint under Section 190 read with Section 200 of Cr.P.C. instead of filing this petition straight to the High Court to seek similar relief in view of law laid down by Supreme Court in its decision in All India Institute of Medical Sciences Employees Union (Regd.) though its President v. Union of India, 1997(4) RCR 594 .

29. Sh. H.L. Sibal, Sr. Advocate, learned counsel for respondent No. 2 has contended that since there is no mention as to the date and time of performance of marriage between the petitioner and deceased Harpreet Kaur, no such allegation of the petitioner can be accepted on its face value. He also conteded that the petitioner has not come out with any complaint to the police and has further contend that in case, as alleged by the petitioner, his mother had attended the cremation and saw the dead body of Harpreet Kaur, there was no reason for the petitioner himself to stay back at the home and not to attend the funeral. He has further submitted that allegations do not go beyond suspicion. No directions can be issued in such a case for any further investigation much less to an independent agency.

30. I have considered the contentions raised by learned counsel for both the parties.

31. The facts which emerge; firstly, the association of the petitioner with the deceased to the extent that the deceased had conceived out of their union as confirmed from the certificate of Dr. Jyoti Rana, a copy of which is annexed as Annexure P1 with this petition, wherein Harpreet Kaur has been recorded as wife of Kamaljit Singh, implying thereby that the deceased conceded that pregnancy as outcome of her union with the petitioner. Secondly, the denial by respondent No. 2 of any link of the petitioner with her daughter Harpreet Kaur much less her having aborted. If that be so, the unborn died alongwith the deceasedHarpreet Kaur. Thirdly, the possibility of threats to the life and limb of the petitioner and his possible reluctance to come out and appear before the police because of bringing disgrace to the family of respondent No. 2 by his liaison with the deceased (if his marriage was not accepted with her) and the threats came to be true with the registration of a case against the person who attempted to demolish his parental house in the village Begowal and the security cover provided to his family members in the village. Fourthly, petitioner''s readiness to hand over all the facts/evidence which are in his possession, to any independent investigating agency to prove that Harpreet Kaur did not die a natural death.

32. This Court is not oblivious of the fact that news items appearing in the press are by itself not permissible as evidence being of the nature of hearsay only. However, such news items do contain facts which were verifiable. Instances are not uncommon when the Courts have taken judicial notice suo moto of certain facts appearing in the newspapers and issued necessary directions in appropriate cases.

33. The Press in our country has by now grown very mature and independent one besides being responsible. Any such information appearing in the newspaper is not without any foundation. The news item which appeared on 22.4.2000 in respect of demise of Harpreet Kaur is not innocent of any allegation of cognizable offence which could have been substantiated or atleast verified. Learned A.G. Punjab has supported the rowing inquiry conducted or gone into by the police team headed by a senior Officer of the Crime Branch of the State Police. However, the Code of Criminal Procedure which governs the procedure of holding any such inquiry/investigation of each and every criminal offence, does not envisage any such inquiry by the police. It would be useful to refer to the definition of "inquiry" as well as "investigation" as contained in Section 2(g) & (h) of Cr.P.C. which reads as under :

2(g) "inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court :

(h) "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf."

34. The inquiry, in the circumstances, can only be conducted under the directions of the Magistrate having jurisdiction over the area wherein the alleged offence is committed if at all. It is not indicated in this case even if any D.D.R. entry has been made by the police agency in respect of the facts detailed in the news items for the purpose of even holding an inquiry on the same. The assertion of respondent No. 6Sh. Iqbal Singh, SSP, Kapurthala is that he had ordered the holding of inquest proceedings under Section 174 Cr.P.C., no such inquest can be conducted by the police before recording any information in respect of the dead body in the police records or forwarding information to the nearest Executive Magistrate or unless otherwise under the directions from an Executive Magistrate as required under Section 174 Cr.P.C. No such procedure was followed in this case.

35. As indicated above, the cremation of the deceased was done at 10 a.m. on 21.4.2000. The remains of the pyre were removed and immersed by 5 p.m. on the same day. What possible evidence in respect of dead body was available at that site on 24.4.2000 ? Be that as it may, even in the inquiry by the police contingent was conducted in plain clothes and each and every doctor is said to have been interrogated and examined at Phagwara. There was no patent reason to hold such an inquiry in that fashion. Admittedly, no person is bound to make statement nor can be directed to join inquiry unless he is required to join the inquiry during investigation of an offence. (See Section 160 Cr.P.C.).

36. Ever since the demise of Harpreet Kaur, the matter has been highlighted in the media and the public in general is anxious to know the real facts surrounding the death of Harpreet Kaur more so when the allegations made by the petitioner are coming to fore not only in the press but by way of petition filed before this Court.

37. In view of very fact that this petition is being stoutly resisted by no one else but by the State itself and the prayer is for dismissal of this petition besides the cognizance having been taken of the allegations in this petition not only by this Court but as well as Punjab State Human Rights Commission, World Human Rights Protection Council through Sh. Ranjan Lakhanpal and Lawyers for Human Right in the connected Crl. Misc. No. 11329M of 2000, an independent investigation is necessary not only to dispel the doubts leading to the cause of death of Harpreet Kaur but also in the interest of obvious threats to the life and limb of the petitioner and his family members.

38. It goes without saying that power to investigate crime and the power that which agency should investigate lies with the State Police Agency and the same cannot be interfered normally by the judiciary. However, in cases like the one where the investigation in a particular case pertaining to the cognizable offence is doubted or does not instil confidence because of obvious reasons of the possibility of involvement of some persons placed on a high pedestal than a common citizen, the ramification involved in such a case can be effectively gone into by an agency which has better equipment and wider network than the local police or the crime branch of the State police. The investigation in such cases should be referred to such an agency like Central Bureau of Investigation. The people in general have faith in its integrity and to instil confidence in public mind, the Court can ask the investigation to be conducted by such agency.

39. In this case, the Court is not concerned with the merits of the accusations or the individuals alleged to be involved, but only with the performance of the legal duty by the government agencies to fairly, properly and fully investigate into every such accusation against every person, and to take the logical final action in accordance with law.

40. In the light of the discussion made above, it is hereby directed that the investigation into the circumstances leading to the death of Harpreet Kaur shall be conducted by the C.B.I. The S.P., C.B.I., Chandigarh is hereby directed to proceed with the investigation and in case the same is found to be the result of commission of an offence, the guilty should be brought to book. The inquiry shall be completed within four months from the date of receipt of a certified copy of this order.

41. It is further directed that all material collected so far by the inquiry team headed by Mr. K.K. Attri, I.G.P. Crime shall be dully handed over to S.P. CBI. True copies of the affidavits filed in this petition by respective parties and a sealed parcel containing the video tape, which was allowed to be taken on record of this case on May 8, 2000 shall be handed over to the S.P. CBI Chandigarh.

42. Necessary police protection shall be provided to Kamaljit Singh, petitioner, who is directed to make full disclosure of the facts and produce each and every material in his possession in respect of his allegations to S.P. CBI. The earlier order of protection extended to the life and limb of the family members of the petitioner shall continue.

43. These petitions stand disposed on in the manner and directions as above.

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