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Wednesday, January 03, 2001

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SC grants Jagir Kaur time to reply to CBI

By Our Legal Correspondent

NEW DELHI, JAN. 2. The Supreme Court today granted time till January 5 to the former Shiromani Gurdwara Parbandhak Committee president, Bibi Jagir Kaur, for filing a reply to the CBI's special leave petition challenging grant of anticipatory bail to her by the Punjab and Haryana High Court in the case of alleged murder of her daughter.

A Bench comprising Mr. Justice D.P. Mohapatra and Mr. Justice Shivaraj V. Patil, on December 15 last had issued notices to Bibi Kaur returnable by today on petitions filed by the CBI and Mr. Kamaljit Singh, said to be the lover and husband of the late Harpreet Kaur, challenging the pre-arrest bail of Bibi Kaur.

When the case was taken up today, Mr. Jaspal Singh, the counsel, sought time till Friday to file reply. The Bench, acceding to the request, adjourned the matter to next week.

During the last hearing, Mr. Harish Salve, Solicitor- General, who appeared for the CBI, said that as a result of the pre-arrest bail granted by the High Court, the investigating agency was unable to interrogate her. Custodial interrogation was necessary for filing the chargesheet, which had to be done before January 3, when the mandatory 90-day period comes to an end.

The case of the CBI was that Harpreet Kaur died on the night of April 20 and her body was cremated in a hurry, and the death was described as natural. On a writ petition, the High Court entrusted to the CBI the investigation into the mysterious death.

In its application challenging the High Court order, the CBI submitted that the pre-arrest bail ought not to have been granted to Bibi Kaur, who was evading arrest and causing damage to material evidence. Seeking to set aside the order, the CBI said the Court had erred in exercising its discretion in favour of the accused when she was holding the post of SGPC president wielding influence.

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