E-Paper
Sippy Sidhu murder case: HC grants bail to Kalyani Singh, terms CBI witnesses ‘tutored and planted’
The HC bench of justice Sureshwar Thakur observed that “prima facie (the CBI has) chosen to ill indulge in taking the services of tutored and planted witnesses merely for solving the crime.” HC granted bail to Kalyani Singh, the daughter of a sitting Himachal Pradesh high court judge, in the murder of national-level shooter and lawyer Sukhmanpreet Singh, aka Sippy Sidhu.
In less than 90 days of arrest, the Punjab and Haryana high court (HC) on Tuesday granted bail to Kalyani Singh, the daughter of a sitting Himachal Pradesh high court judge, in the murder of national-level shooter and lawyer Sukhmanpreet Singh, aka Sippy Sidhu, in Chandigarh in September 2015.
The HC bench of justice Sureshwar Thakur observed that “prima facie (the CBI has) chosen to ill indulge in taking the services of tutored and planted witnesses merely for solving the crime.”
It further added that the probe lacked objectivity and suggested that with the permission of court concerned, the agency make “threadbare further investigations” about uninvestigated facets relating to the crime.
“The judicial conscience of this court feels that the further investigations may ultimately result in all offenders concerned being brought to inculpation. Hence complete justice would be done to the aggrieved besides to the society at large,” the court said.
The daughter of Himachal Pradesh high court judge justice Sabina, Kalyani Singh was arrested on June 15 for the murder of Sippy Sidhu that took place in a park in Sector 27, Chandigarh, on September 20, 2015.
The HC order comes a day after the CBI filed a chargesheet before a court, accusing Kalyani of killing Sidhu after their relationship soured, citing direct evidence against her. “There is sufficient direct, documentary, electronic, oral and circumstantial evidence to substantiate the allegations against Kalyani Singh, who entered into a criminal conspiracy with an unknown person to kill Sippy Sidhu,” the CBI said in the chargesheet.
‘CBI failed to live up to its credentials’
The court observed that the CBI is the prime investigating agency and has to live up to its renowned credentials. “However, prima facie in the instant case, it has not lived up to its credentials of being the foremost investigating agency in the country, from whom it was but expected that the most impartial and objective investigations are made into the crime event, than its choosing to only adopt the stand of the aggrieved,” it said adding that the CBI could have taken note of allegations by Sippy’s family but only when it was, prima facie tangible besides credit-worthy evidence.
The court further said that evidence such as content of mails exchanged between them ahead of the fateful day reflected “deep trust” between Kalyani Singh and Sippy Sidhu. Moreover, it also reflects that some persons were targeting the Sippy Sidhu. However, the roles of such persons have not been investigated by the CBI.
“(CBI) has prima facie taken all misfounded clues only from the victim-aggrieved. Thus has completely abandoned what was required to make threadbare and objective investigations,” the bench remarked, adding that CBI worked only to solve the crime, “but without any prima facie tangible evidence” against Kalyani Singh.
“It appears that, prima facie, there was an over anxiety on the part of the investigating officer, to somehow close the investigations through the arrest of Kalyani Singh,” the bench stated.
It also said that the investigating officer, besides his leaving aside all relevant un-investigated facets, also leads to a prima facie irresistible conclusion that a rather botched up and slipshod investigations made into the crime event.
Lawyer of victim’s family says bail unfair
Reacting to the HC decision, Sippy family’s lawyer, senior advocate RS Bains said, “The bail should have been granted after considering fresh evidence submitted by CBI in the chargesheet. It is in a way unfair to complainant (Sippy’s family). To that extent we are disappointed.”
Bains was accompanied by Sippy’s brother, Jasman Preet Singh, who said, they are exploring options to challenge the order before Supreme Court. As of conditions on Kalyani Singh, the court said at this stage, no evidence has been adduced by the CBI suggesting that she may flee or tamper with prosecution. She has been allowed to be released on surety of ₹2 lakh with an undertaking before the court that she would not tamper with the evidence and would appear as and when asked to. She will also have to surrender her passport.
