- (1.) I. Writ Petition: A plea for CBI investigation 1. The petitioner seeks for marking an enquiry to CBI the allegations of commission of IPC offence of causing grievous injuries of castration to the petitioner and to 400 other males at the Dera Sacha Sauda headed by Sant Gurmeet Ram Rahim, arrayed as the 5th respondent (subsequently impleaded). The imputation is that the 5th respondent has induced the petitioner and several others with the hope that such emasculation would lead to realization of God. The petitioner claimed that he had been the inmate since the year 1990 and took the 5th respondent as a spiritual guru and it was only on account of his influence on him that he underwent the surgery of castration and he is now weaned out of his influence and in a position to objectively see the harm to himself. Several other persons who have been similarly castrated continue to remain within the ashram at his gufa and in settlements surrounding the ashram. The petitioner would claim that he has sought the assistance of the lawyers for Human Rights International to espouse his cause since he is himself under threat for his life by the 5th respondent. On the petition complaining of castration and a plea before the court that he was under threat for life, this court, while ordering notice of motion, directed that the Senior Superintendent of Police, Fatehabad, to look into the averments made in the petition and the threat perception of the petitioner and take a decision regarding the grant of security to him. There had been also an independent application moved subsequently in CM No.9687 of 2012 with a prayer for the medical examination of the petitioner. II. Prima facie proof of castration of the petitioner secured
(2.) The court had constituted a Board comprising of the Medical Superintendent, General Hospital, Sector 16, Chandigarh and other doctors for submission of report in a sealed cover. The DSP, Tohana, District Fatehabad, had also filed immediately an affidavit, disclosing that the petitioner had been provided with an effective security by the police Fatehabad. The report filed from the hospital was also taken on record on 11.02.2013 and assigned a distinct Mark 'A'. The report of the hospital bears out that no testes are present in the scrotum and possibility of castration cannot be ruled out. III. Information of castration collected of 7 other persons owing allegiance to the Ashram
(3.) Replies have been filed by the DSP (Headquarters), Sirsa, stating that no complaint had been moved to the local police but after the receipt of the present petition from the court, the local police itself conducted an enquiry from 7 allegedly castrated persons, namely, (i) Nirmal Singh, (ii) Kuldeep Singh, (iii) Krishan Lal, (iv) Jagdev Singh, (v) Iqbal Singh, (vi) Avinash Kumar and (vii) Radhey Shyam. The persons named at serial Nos.1 to 3 are detained in Ambala Jail pending trial against them for some criminal offences and the remaining four persons had gone out of station. The reply concludes that the police is prepared to carry out whatever directions which the court would give. When the 5th respondent had also been joined in the proceedings and when the reply was filed, it was elicited through the counsel appearing on behalf of the 5th respondent that Krishan Lal, who had been detailed in the jail has since been released on bail, the court had directed through order dated 04.02.2014 that enquiry shall be made and an affidavit by the investigating officer be filed in court within two weeks. It was also directed that the person who had gone out of station could also be attempted to be contacted. The 5th respondent has filed written statement contending that no notice or representation or complaint had ever been made by the petitioner to any authority or the police regarding the allegations mentioned in the petition. He would also respond to other allegations of kidnapping and murder against the 5th respondent as motivated and false. Joining issues on the petitioner's contentions that he was castrated at the Dera along with 15 other Sadhus in the year 2000, the 5th respondent has denied that he had caused to make any such infliction of injuries to the petitioner or any other person at the Dera. The 5th respondent, however, submits that the petitioner used to visit the dera functions along with the followers of Dera Sacha sauda from Tohana and used to sing bhajans in the functions. He would also deny the averments in the petition that one Vinod Kumar and another, Sudhir were also castrated.;