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SC notice to Bibi Jagir Kaur: PTI

A division bench comprising Justices D P Mohapatra and Shivaraj V Patil also issued a notice to Kaur on a petition of Kamaljit Singh, who claimed to be the husband of Harpreet, challenging the grant of anticipatory bail to her.

Seeking cancellation of the anticipatory bail, the CBI in its application said, "The pre-arrest bail ought not to have been granted by the high court to Kaur, who has (been) absconding and evading arrest and causing damage to material evidence."

The court directed Kaur to file a reply to the petitions by January 2, when the case would come up for further hearing.

Appearing for the CBI, Solicitor General Harish Salve said that the high court exceeded the settled position of law that prohibits grant of anticipatory bail to an accused facing murder charges as through this he could evade custodial interrogation.

Stressing that the CBI was deprived of interrogating Kaur in custody, which was more elicitous, Salve said the other accused may get benefit of this as the mandatory 90-day period for filing the chargesheet is getting over on January 3 and the investigating agency was at odds to file it without arresting Kaur.

Harpreet Kaur had died on the night of April 20/21 last and the CBI alleged that her body was cremated in a hurry. The high court, acting on a public interest litigation, had directed the CBI on June 9 to investigate the mysterious death of Harpreet.

As other accused in the case were arrested, Jagir Kaur moved the sessions court in Patiala seeking anticipatory bail but it was rejected. However, the high court had granted her anticipatory bail on November 15 while asking her to appear before the CBI on November 17.

Salve said the apex court itself had held that custodial interrogation was qualitatively more elicitation-oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Criminal Procedure Code.

The CBI said in a case like this effective interrogation of Kaur was very necessary and essential in disinterring useful information and material that have been concealed with deliberate intention by the accused.

"Success in such interrogation would elude them as Kaur knows that she is well protected and insulated by a pre-arrest bail order during the time she is interrogated," it said.

The high court had erred in exercising its discretion in favour of the accused when she was holding a high position (president of SGPC), wielding influence, which would create a great handicap to the investigation agency.

The CBI has arrested Paramjeet Singh, Sanjeev Kumar, Harvinder Kumar, Satya and Dalwinder Kaur in connection with the case, while personal security officer to Jagir Kaur, sub-inspector Nihal Singh had surrendered before the CBI.

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