MAMTA SHARMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS is petition under Section 482 Cr.P.C. filed by Ms. Mamta Sharma, praying therein that the inquiry in respect of allegations of outraging the modesty and attempt to commit rape, levelled by the petitioner against Mr. B.P. Tiwari, Additional Director General of Police (Security), Punjab, be marked to C.B.I.

(2.) IN short, it has been alleged in the petition that petitioner is 19 years old girl studying in B.A. Part I and that the family of the petitioner migrated from Khanna in Punjab to Kurukshetra in Haryana in the year 1991, when the terrorism was at its peak in the State of Punjab. It was alleged that the father of the petitioner died in the year 1995 and that now the petitioner and her three young sisters were living with their mother in Kurukshetra. It was alleged that the mother of the petitioner was an office-bearer of an organisation called All India Rajiv Gandhi Brigade. It was alleged that one Jagjit Singh Sandhu was President of the said All India Rajiv Gandhi Brigade for Punjab and he was helping the family of the petitioner. It was alleged that said Jagjit Singh Sandhu was under protection of the Punjab Police for the last 14 years. It was alleged that in November, 2000 said Jagjit Singh Sandhu came into contact with Shri B.P. Tiwari, Additional Director General of Police (Security) Punjab, when he had gone to meet him for deputing security guards for him from Punjab Armed Police. It was alleged that in one of those meetings, Shri Tiwari suggested to Shri Sandhu to make available a girl, who could work at his residence and help his wife, having knee fracture and needed a constant help. It was alleged that thereupon Shri Sandhu suggested to the mother of the petitioner regarding offer of Shri Tiwari and the mother of the petitioner accepted the said offer. It was alleged that thereupon on 10.12.2000, the petitioner alongwith her mother, her uncle, Shri Sandhu and his wife came to the house of Shri Tiwari, where Shri Tiwari and his wife undertook to treat the petitioner as their daughter and thereupon the petitioner was left at his house. It was alleged that Shri Tiwari had promised to pay Rs. 2000/- per month for the services of the petitioner. It was alleged that on 11.12.2000, no work was assigned to the petitioner and on the next day i.e. 12.12.2000, Shri Tiwari told the petitioner in the presence of his wife that she should hold the plate while he would take breakfast from that plate. It was alleged that he also started asking the petitioner as to whether she had any boyfriend, to which she replied in negative. It was alleged that thereupon Shri Tiwari left for his office and came back at 2.00 p.m. and thereupon Shri Tiwari went to the market alongwith his wife and took the petitioner with him. It was alleged that in the market Shri Tiwari took the petitioner to a book shop and Shri Tiwari and his wife had shown a book to the petitioner which was of "Kamsutra" and Shri Tiwari suggested to the petitioner to buy that book but the petitioner refused saying that she was not interested in such books. It was alleged that at night time, the petitioner was called to the drawing room where Shri Tiwari and his wife were sitting and at that time Shri Tiwari asked the petitioner as to whether she had ever watched any "Blue Films" in her life, whereupon the petitioner showed her ignorance about the blue films whereupon Shri Tiwari explained that the blue films contained erotic and sexy scenes, whereupon petitioner objected to the behaviour of Shri Tiwari and left the drawing room and went to the room which was assigned to her. It was alleged that on 13.12.2000, Shri Tiwari did not go to his office and stayed at his home and during forenoon, he tried to outrage the modesty of the petitioner by touching her neck, her ear and her face. It was alleged that in the afternoon, Shri Tiwari and his wife had to go to Nabha to meet their daughter and the petitioner was made to sit in between Shri Tiwari and his wife on the back seat of the car and throughout on the way, in the presence of his wife, Shri Tiwari kept on touching the body of the petitioner i.e. her neck and her thighs. It was alleged that inspite of her objections to the same, he continued such actions and used to play loud music on the cassette which had the wording "I am still young". It was alleged that they returned home late night at 11.00 p.m. and thereupon Smt. Tiwari suggested to the petitioner to sleep in between them i.e. Shri Tiwari and his wife, as she was to leave for Uttar Pradesh very soon and she wanted to make sure that the petitioner takes proper care of her husband. It was alleged that the petitioner objected to the same and stated that she was not of that type, whereupon Smt. Tiwari commented that if the petitioner would not come near Shri Tiwari, Shri Tiwari would not be able to help the petitioner or her family. It was alleged that the petitioner did not accede to their demand and slept separately. It was alleged that on 14.12.2000, the petitioner was again forced to hold the plate for Shri Tiwari and at that time Shri Tiwari did not misbehave with the petitioner but kept on commenting in obscene language. It was alleged that in the afternoon when Smt. Tiwari was leaving for PGI for her treatment she gave two capsules to the petitioner saying that these were vitamin capsules. It was alleged that when the petitioner took those capsules she started feeling heaviness in her head and also felt short of breath. It was alleged that in the meanwhile Smt. Tiwari left for PGI while petitioner started studying in her room. It was alleged that at about 3.30 p.m. Shri Jagjit Singh Sandhu and his wife entered the house of Shri Tiwari and they were made to sit on the first floor, where tea was served to them by the servants of Shri Tiwari. It was alleged that after sitting with them for about 15-16 minutes, Shri Tiwari came downstairs and entered the room of the petitioner and at that time he was under the influence of liquor and he caught hold of the petitioner and tried to throw her on the bed and at that time petitioner understood that Shri Tiwari had bad intentions in his mind. It was alleged that immediately Shri Sandhu and his wife came downstairs and they saw Shri Tiwari holding petitioner in his grip and when Shri Sandhu objected to the same Shri Tiwari asked him to leave his house, whereupon sensing trouble Shri Sandhu asked petitioner to pack up her baggage and thereafter she was brought to Kurukshetra and was handed over to her mother at about 8 p.m. It was alleged that at that time mother of the petitioner made a phone call to Shri Tiwari and talked to him and his wife and at that time Shri Tiwari threatened the mother of the petitioner that he would get her (mother of the petitioner) and Shri Sandhu fixed in some case under the NDPS Act, as he was friendly with Haryana Director General of Police as well as SSP Jalandhar, where Shri Sandhu was permanently residing. At that time Shri Tiwari also stated that even S.P. Kurukshetra was under his influence. It was further alleged that during her stay in the house of Shri Tiwari from 10.12.2000 to 14.12.2000, petitioner was also subjected to medical examination by a Doctor as Shri Tiwari had remarked that he suspected that the petitioner was having AIDS or T.B. It was alleged that the modesty of the petitioner had been outraged by Shri Tiwari and his wife with their common intention and they had created circumstances in which they made all efforts to coerce the petitioner for subjecting her to act sexually with Shri Tiwari. It was alleged that the petitioner had come to know that several other young girls have been enticed into the traps of Mrs. and Mr. Tiwari and they were forced to have sexual relations with Mr. Tiwari under threat or coercion. It was alleged that the petitioner came to know that those victims were forced to remain silent due to the official position of Shri Tiwari.

(3.) IN the above said petition dated 19.12.2000 filed by Ms. Mamta Sharma, C.B.I. was impleaded as a respondent. Vide order dated 20.12.2000, on the oral request made by the counsel for petitioner, the State of Punjab was ordered to be impleaded as respondent No. 2 in this petition and the office was directed to make necessary correction in the heading of the petition. Thereafter, notice of motion was ordered to be issued to A.G. Punjab. On 22.12.2000, learned Deputy Advocate General, Punjab had placed on recorded a short affidavit of Shri Sidharth Chattopadhayaya, D.I.G. (Crime), on behalf of State of Punjab. In the said short affidavit it was alleged that Director General of Police, Punjab had made order on 19.12.2000 that inquiry be conducted by Shri S.V. Singh, IPS, Additional Director General of Police (Crime) into the allegations levelled by Ms. Mamta, petitioner, in the press against Shri B.P. Tiwari, IPS, Additional Director General of Police, Punjab and to submit a report within 15 days. It was further alleged that in compliance of the said order, Shri S.V. Singh, Additional Director General of Police (Crime) had initiated inquiry into the allegations made by the petitioner against Shri Tiwari. It was alleged that summons were issued no 19.12.2000 to Ms. Mamta, her mother and Shri Sandhu to appear before the Inquiry Officer on 22.12.2000, but the petitioner and her mother reported that on 22.12.2000, their case was fixed before the High Court and as such they could not appear before the Inquiry Officer on 22.12.2000. It was further alleged that now the Inquiry Officer had again summoned Mamta Sharma, her mother and Shri Sandhu to appear before him on 26.12.2000. On 22.12.2000, the learned counsel for the petitioner produced certain documents which were taken on record. During the course of arguments, learned counsel for the petitioner submitted that the petitioner had prepared and signed a complaint, the photocopy of which was Annexure P-1 and that the petitioner wanted FIR to be registered on the basis of the said complaint. Counsel for the petitioner further submitted that the original complaint was with him and he produced the same and the same was taken on record. Since no time was left to conclude the arguments, the case was adjourned for remaining arguments. In the meanwhile, the S.P. Kurukshetra was directed to take necessary steps to ensure the safety of the petitioner. In the meanwhile an application was filed by Shri B.P. Tiwari, Additional Director General of Police (Security), Punjab, Chandigarh, bearing Crl.M. No. 373/2001, seeking permission to be impleaded as a party to the petition and for making his submissions to oppose the petition filed by the petitioner. After hearing the counsel for the applicant (Shri Tiwari), and after perusing the record, the said application filed by Shri Tiwari for being impleaded as respondent, in the petition filed by Mamta Sharma, petitioner, was dismissed. However, it was directed that the counsel for Shri Tiwari would be at liberty to assist the court, with regard to the legal propositions involved in the main case.