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2002 DIGILAW 122 (PNJ)

Kanwaljit Singh v. Central Bureau Of Investigation, New Delhi

2002-01-28

M.L.SINGHAL

body2002
Judgment 1. Through this Cri. Misc. Petition, Kanwaljit Singh has prayed for the cancellation of bail allowed to Bibi Jagir Kaur in case FIR No. RC-S-1-2000-S-005, dated 3-10-2000 registered at Delhi Special Police Establishment, Delhi Branch for offences punishable under Section 120-B read with Sections 302/304/342/313 and 201, I.P.C. and for a direction for her arrest and for committing her to custody by cancelling the anticipatory bail granted to her by this Court (Hon ble S. S. Nijjar, J.) vide order dated 15-11-2000. It is stated that Bibi Jagir Kaur is misusing the concession of bail on account of her political power and patronage and has made it difficult for the petitioner even to live. There is strong threat to the life of the petitioner and his family. She is forcing him and his family not to pursue the murder of her daughter Harpreet Kaur alias Roxy who was madly in love with him and who had secretly married him and had got pregnant from him. Bibi Jagir Kaur hatched conspiracy to murder her. She was murdered due to the conspiracy hatched by her. Bibi Jagir Kaur brought about her murder as she was not happy with her love affair with him (Kanwaljit Singh). She did not want her to marry him. It is stated that since 15-11-2000, she is misusing the concession of bail. She openly instigated persons close to her at her dera to take action against him and his family. Threat was to cause physical harm to him. It was at her instigation that even the move to socially boycott him and his family was initiated. It was widely covered by the press to the effect that the persons having social interaction with the petitioner and his family would be fined. Fearing threats of physical harm and intimidation which amounted to tampering with the case and the evidence, the petitioner had given a letter to SSP Kapurthala for taking appropriate action. She had been collecting people and had been addressing them and instigating them to take action against the petitioner and his family. At her instance, the people were threatening the petitioner and his family by giving threatening calls and asking them to withdraw case against her. She had been collecting people and had been addressing them and instigating them to take action against the petitioner and his family. At her instance, the people were threatening the petitioner and his family by giving threatening calls and asking them to withdraw case against her. In spite of the security provided to the petitioner and his family, they fear physical harm to their life and property because the persons deployed to provide security to him and his family are not carrying sophisticated weapons and their weapons may not work at the time they are needed. Certain friends of his were arrested and they were threatened not to meet the petitioner otherwise action will be taken against them. Swaran Singh Josh who is P.A. to Bibi Jagir Kaur was giving calls to the people to gather in the Gurdwara and was inciting them to act against the petitioner and his family. No action was taken by SSP Kapurthala. SSP Kapurthala played a partisan role from the very first day of the incident and had been holding brief for Bibi Jagir Kaur. On 22-11-2000, marriage of granddaughter of one Dalip Singh Tibbewala who is working in the dera of Bibi Jagir Kaur and is her staunch supporter, was to be solemnized. Bibi Jagir Kaur was to participate and remain present in the house of Dalip Singh Tibbewala throughout the day. A TV crew consisting of Ms. Bhawana Ahluwalia had come to record a TV programme to be shown on Doordarshan in a programme titled tDar Asal". She along with other members of the crew came to the house of the petitioner at about 5 p.m. on 22-11-2000. At that time, the petitioner was not present in the house and the petitioner reached his house at about 5.30 p.m. Immediately thereafter a crowd of approximately 200 people, most of whom were drunk, came outside the house of the petitioner. They started abusing and advancing threats to the petitioner and his family. No action was taken by the police. 2. Petitioner has thus talked of threat to his life and the life of the members of his family. Bibi Jagir Kaur has refuted these allegations through her sworn affidavit. So far, if there has been any threat to Kanwaljit Singh or his family, that has been an empty threat which has not been translated into action. 2. Petitioner has thus talked of threat to his life and the life of the members of his family. Bibi Jagir Kaur has refuted these allegations through her sworn affidavit. So far, if there has been any threat to Kanwaljit Singh or his family, that has been an empty threat which has not been translated into action. No physical harm to Kanwaljit Singh or his family has been caused so far. It was held in Puran V/s. Rambilas, 2001 0 CrLJ 2566: (AIR 2001 SC 2023) that generally speaking the grounds for cancellation of bail broadly are interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. However, these instances are merely illustrative and not exhaustive. 3. In this case, nothing serious is shown to have happened warranting the cancellation of bail allowed to Bibi Jagir Kaur by this Court. It is not in routine that bail already allowed is cancelled. Bail once granted can be cancelled only on very cogent grounds. So, this Cri. Misc. Petition fails and is dismissed. It is, however, made clear to Bibi Jagir Kaur that she will keep absolutely aloof so far as Kanwaljit Singh and his family is concerned and similarly, she will ensure that her followers also keep aloof from them so that there is no interference with the due course of justice and there is fair trial of the case. Bibi Jagir Kaur would not do anything which might have the effect of stultifying the fair trial of the case. She will not try to intimidate witnesses or tamper with evidence nor will she allow her followers to intimidate witnesses or tamper with evidence. It will be ensured by the Director General of Police, Punjab that there is no intimidation of witnesses or tampering with evidence either by Bibi Jagir Kaur or her followers and there is no insecurity at her hands or at the hands of her followers to Kanwaljit Singh or his family during the trial. Security cover provided to Kanwaljit Singh already will continue till the trial is over.