JUDGMENT : FATEH DEEP SINGH, J. 1. Since the above detailed five anticipatory bail applications under Section 438 Cr.P.C. of petitioners Nisha Bhardwaj, Rakhi Sharma, Suman Lata and Karan Sharma respectively though have arisen out of two different FIRs one bearing No.73 dated 11.05.2016 registered at Police Station Division No.3, Jalandhar under Sections 406/420/465/468/471/370/370A/120B IPC and the other bearing No.135 dated 11.05.2016 under Sections 420/465/467/468/471/370/120B IPC pertaining to Police Station Navi Baradari, Jalandhar however, being on the same set of allegations and on account of consanguinity of facts and law are being taken up and disposed off together. 2. Allegations of the prosecution stems from a letter sent by United States of America Embassy about fraudulent, bogus and deceptive racket being carried on by certain persons at Jalandhar enabling minor children under impersonation, false names and particulars, and forged documents to go abroad whereby minor children were taken to USA, Canada as well as Switzerland who subsequently had vanished. Though more than four FIRs were registered pertaining to these ugly episodes. 3. In the present cases, initially names of 11 accused Rakhi Shama, her husband Karan Sharma, Suman Lata, one Sarabjit Sharma, his wife Nisha Bhardwaj, Amandeep Singh, his wife Harjinder Kaur, Davinder Kumar, his son Himmat Kumar (since then found innocent), Suman Lata and Sarabpreet Singh figured. It is alleged that Sarabjit Sharma is the kingpin of this racket whereby mostly minor children from the Districts of Jalandhar and Kapurthala in all numbering 21 were abducted/coerced and after preparing false passports based on forged documents, on the strength of fraudulent inquiries and verifications of antecedents were sent abroad depicting wrong parentage and thereafter nothing is heard of these children. 4. Contentions of Mr. M.S. Sachdev, Mr. Gulzar Mahammad and Mr. Sandeep Arora, Advocates representing the petitioners are that there is not even an iota of evidence to link the petitioners with commission of offences as the prosecution cannot bring about any allegation against any of the petitioners and even nothing tangible has been gathered in evidence in spite of the alleged kingpin Sarabjit Sharma being in custody along with Davinder Kumar. Terming that it was a unilateral and voluntary act of the families to send their children abroad who had gone through legitimate means, false cases have been got registered and that the challan presented in FIR No.135 dated 11.05.2016 wipes out the entire allegations.
Terming that it was a unilateral and voluntary act of the families to send their children abroad who had gone through legitimate means, false cases have been got registered and that the challan presented in FIR No.135 dated 11.05.2016 wipes out the entire allegations. Arguing further that there is not even semblance of any investigations to highlight the role of any of the accused petitioners submitting that nothing is to be recovered from the petitioners and their facing the trial, if any, would suffice the purpose. 5. Learned State counsel has vehemently opposed the grant of bail submitting that in the light of heinousness of allegations and seriousness of charges so levelled against the accused, the same needs to be taken seriously and custodial interrogation of the petitioners is necessary to unearth the nexus. 6. Appreciating the submissions, what one comes across is that with the lust to go abroad as well as high monetary speculations this racket appears to be there since year 2014, whereby more than 21 children, as has come up in the present matters, have been taken to foreign countries based on forged documents, misstatement by the bogus parents, fraud perpetuated by various quarters and by procuring false passports, certainly is not only a threat to the security of the State but also brings to light how such a massive trafficking in children is underway right under the nose of the authorities who still have not come out of their slumber. 7. Hon’ble the Supreme Court in ‘Bachpan Bachao Andolan v. Union of India and others’ 2011(5) SCC 1 have though issued directions to save children from exploitation and highlighting their fundamental rights by virtue of Article 21 of the Constitution of India to ensure that such trafficking in minor children who are otherwise in dire need of care and protection of the society and the authorities, have been sacrificed over such monetary allurement and which issue needs to be attended to.
What one comes across is that though more than four FIRs have been got registered in the same very District by the police wherein different Investigating Officers are investigating the matter but to the query of the Court there is no satisfactory explanation coming from the side of the prosecution what sort of investigations have come about regarding forgery of the documents, impersonation, inquiries carried on at the time of processing the passports and how come false passports were got issued with migration abroad for which the State was totally at a loss of words what evidence regarding migration legitimately or illegitimately has been gathered to support the prosecution, are matters which certainly is a distressing feature. Rather what comes across is that the Investigating Officer in FIR No.135 dated 11.05.2016 is more keen to file the challan quite in oblivion to his duties and morality in laying bare such an inhuman activity. 8. Apparently, it is much in need that the investigations need to be started afresh and this Court in the exercise of its inherent powers under Section 482 Cr.P.C. and seeking support from ‘State of Punjab v. Central Bureau of Investigation and others’ 2011(9) SCC 182 , holds that it has become imperative to issue directions to the Director General of Police, Punjab to constitute a high ranking Special Investigating Team to re-investigate the entire scandal, headed by a senior police officer not lower than the rank of Inspector General of Police of the credible track-record and the SIT be entrusted to carry on reinvestigations in all these cases looking and collecting evidence from all angles which could unravel the truth as the same would have definite repercussions on the security of the State in these turbulent times of terrorism and of such an illegal trade. 9. In the light of what has come before this Court, it would be too preposterous to grant relief to any of the petitioners as it would be undermining the very sanctity of the dispensation of justice and administration of law as certain crucial evidences needs to be collected for which there is need for custodial interrogation and as has been brought to the knowledge of the Court in certain cases investigations are still at crucial stage.
Having regard to the settled position of law that provisions of Section 438 Cr.P.C. needs to be sparingly used, impels this Court to decline the bail applications of the petitioners before this Court. 10. All the present petitions stand dismissed accordingly. 11. A copy of this order duly attested by the Reader of this Court be handed over to learned State counsel for onward transmission to the DGP, Punjab with directions to make due compliance of the same within one week of the orders. It be ensured that cooperation of all agencies whatever may be and under whichever Ministry they may be, be also sought for fair investigations and assisting in administration of justice. Periodic reports of this be submitted to this Court.