AMAR DUTT, J. - (1.) Criminal Mies Nos. 26994-M of 2002, 7931-M of 2003 and 24874-M of 2003 were disposed of by this Court on November, 10, 2003 with the following directions:- a) That investigation of all the FIRs Numbers 312 of 2002 of Police Station, Sadar, Thanesar : 685 of 2002 of Police Station, Sirsa and 395 of 2003 of Police Station. City, Thanesar, is hereby ordered to be transferred to the C.B.I,; b) The C.B.I, would continue to conduct investigation In Case No. RC-5(S)/2002/ S1U-XV/CHG, dated 12-12-2002, registered by it and complete its Investigation as expeditiously as possible and not later than the time granted by the Court hereinafter. c) The C.B.I, shall file Its reports in all the above FIRs including supplementary challans wherever necessary before the Courts of competent jurisdiction within a period of six months from the date of pronouncement of this order. d) The Courts, where the charge-sheets have already been filed and by interim order recording of evidence was stayed, shall not proceed with recording of evidence till the filing of reports by the C.B.I, as afore-Indicated. e) The Superintendents of Police of Districts Kurukshetra and Sirsa, including the investigating officers of Crime Branch, would hand over complete records to (sic) and fully co-operate in expeditious conclusion of investigation, by the C.B.I. f) The Court Is conscious of the fact that the investigating officer of C.B.I, might be burdened as stated by their counsel because of pendency of number of cases with them. But, the present case is of the kind which requires immediate attention of all con- cerned from all quarters. The allegations made are of very serious kind and relate to large number of Sadhvis who have allegedly left the Dera or are still working as part of Dera. g) Both incidents of murder are daring examples of their kind and allegations have been made that they are at the behest of the Dera. It is equally important in the interest of the accused persons as well as the Dera that the allegations and insinuations, if not true, must be put to an end by a specialist investigating agency i.e. C.B.I., at the earliest. In these circumstances it is essential for the Court to issue a direction to the C.B.I, for a time bound investigation, which must be taken up with utmost priority."
(2.) On 18-5-2004, the Central Bureau of Investigation (hereinafter referred to as "the C.B.I."), which was investigating into the case bearing No. RC-5(S)/2002/SCB/CHG, dated 12-12-2002 moved Criminal Misc. Application No. 23967 of 2004 in Criminal Misc. No. 26994-M of 2002 for extension of a period of six month' to complete the investigation in case RC Nos. 8, 9 and 10(S)/ 2003/SCB/CHG. The reason for the extension was that against the order dated 10- 11-2003 passed by this Court in Criminal Misc. Nos. 26994-M of 2002, 7931-M of 2003 and 24874-M of 2003, Special Leave Petition (Crl.) No. 144 of 2004 had been filed in the Supreme Court and the operation of order dated 10-11-2003 had been stayed. Since none of the counsel appearing for the parties was certain about the status of Special Leave Petition (Crl.) No. 144 of 2004, the Court had passed the following order on 28-5-2004 :- "Both the learned counsel are not sure about the correct state of affairs emerging out of certain orders passed by their Lordships of the Supreme Court. Accordingly, we do not want to pass any order at this state. Both the learned counsel would place on record a copy of the order, if any, passed by the Hon'ble Supreme Court for our perusal."
(3.) The Special Leave Petition was ultimately decided on 29-10-2004 and thereafter on the applications moved by the C.B.I, for extension of time to complete the investigation, this Court had on March 1, 2005 passed the following order :- "On Mr. Raj an Gupta's request, we give a period of six months from today to complete the investigation. Applications allowed in the above terms." Thereafter, the C.B.I, had moved Criminal Misc. Application Nos. 47619 of 2005 in Criminal Misc. No. 24874-M of 2003, 47647 of 2005 in Criminal Misc. No. 7931-M of 2003 and 47654 of 2005 in Criminal Misc. No. 26994-M of 2002 seeking extension of time for completion of investigations in FIR Nos. RC-5(SJ/2002/SIV-XV/Chandigarh registered on 12-12-2002, RC-8(S)/2003/ SCB/CHG and RC-10(S)/2003/SCB/CHG, which were disposed of by this Court on 16- 9-2005 with the following observations :- "..........Taking into consideration that highly committed professionals are spearheading the investigation, one would normally have expected the same to be finalised by now, however, without dwelling any further on this aspect, we hope that the Central Bureau of Investigation would endeavour to complete the same within three months. It is possible that the investigation into the matter may only be delayed due to inadequate staff. In view of this, the Director, Central Bureau of Investigation, is requested to make available the necessary implement of manpower so as to ensure that the investigation is completed within the stipulated time frame without any delay." from which it can be inferred that the absolute terms in which the directions were given by this Court in order dated 10-11-2003 in relation to filing of the reports within a period of six months were modified and this Court took upon itself the task of monitoring the progress of the investigation. The C.B.I, has, probably as a matter of abundant caution, been moving Criminal Misc. Application No. 69661 of 2005 in Criminal Misc. No. 26994-M of 2002, 69662 of 2005 in Criminal Misc. No. 7931-M of 2003 and 69663 of 2005 in Criminal Misc. No. 24874-M of 2003 from time to time for extension of the period given to it for completion of the investigation, which were being adjourned along with Criminal Misc. No. 34638 of 2005 for issuance of a direction to the C.B.I, to submit report under Section 173, Cr.P.C., Criminal Misc. Nos. 47540 and 50120 of 2005 with a prayer not to grant extension of more time for investigation to the C.B.I, in FIR No. 312, dated 10-7-2002, Police Sta- tion Sadar, Thanesar, Criminal Misc. No. 47979 of 2005 for placing on record the affidavit of Miss Sheela Punia d/o Raghbir Singh, resident of Ambala now Sadhvi in Dera Sacha Sauda, Sirsa, Criminal Misc. No. 70941 of 2005 for seeking directions to the C.B.I, to submit the investigation report under Section 173(8), Cr.P.C. without any further delay filed by Inder Sain son of Tek Chand, Manager, Dera Sacha Sauda, Sirsa, Shabdal Singh son of Ajaib Singh, Krishan Lal alias Kishan Lal son of Shri Bhagwan Dass, resident of Colony Dera Sacha Sauda, Begu Road, Sirsa, Miss Sheela Punia d/o Raghbir Singh, r/o Ambala now Sadhvi in Dera Sacha Sauda and Inder Sain son of Shri Tek Chand, Manager, Dera Sacha Sauda, Sirsa respectively-the interveners in Criminal Misc. No. 26994-M of 2002 and Criminal Misc. No. 3888 of 2006 in Criminal Misc. No. 7931-M of 2003 has been filed by the applicant-petitioner Anshul Chhatarpati for taking action against the interference by the management of Dera Sacha Sauda, Sirsa (hereinafter referred to as "Dera") in the administration of justice and for necessary direction to the respondent-State to stop such interference and to highlight the difficulty which is being faced by the Sevadars /Worshipers /residents of the Dera on account of delay in the completion of investigation by the C.B.I. Through the present order, we propose to dispose of all the aforesaid applications.;