ROHTAK, November 4: Rewari Additional District and Sessions Judge S K Kapoor has accused the Rohtak deputy commissioner, the district and sessions judge and a superintendent of police of conspiring to abduct his collegian daughter on January 29.Deposing on October 7 in the court of Chief Judicial Magistrate R.K. Sharma in Rohtak, Kapoor -- who at the time was the additional district and sessions judge there -- said: ``I am deposing on oath that B.P. Jindal, Anil Kumar, and A.S. Chawla had conspired and committed the crime by using Kanwar Singh (a driver attached with one of the sections under the DC), and possibly, there may be another person's involvement''.
The statement has been recorded in the CJM's court under Section 164 of the Code of Criminal Procedure. At the time of alleged abduction-attempt, all the three persons in question were posted in Rohtak. While Jindal is still the district and sessions judge there and Anil Kumar is the deputy commissioner. A S Chawla, then Rohtak SP, is currently posted in Chandigarh as SP (Security).
The case is to be heard next on November 24. The alleged abduction-attempt was made on January 29. Two days before the incident, the security provided to Kapoor was withdrawn by the district police.
A case was registered only three days later, apparently after the intervention of P K Mehta, the deputy inspector general of police (Rohtak range) under Section 366 (kidnapping) and 511 (offences punishable with imprisonment for life or other imprisonment) of the IPC. Kapoor, on May 11, filed a petition in the court of the chief judicial magistrate seeking a preliminary inquiry under Section 159 (power to hold investigation or preliminary inquiry) of the Criminal Procedure Code. The court, on June 15, passed an order directing the state of Haryana to entrust the investigation to a Central agency within eight weeks.
On July 28, when Kapoor's daughter was shopping at a Rohtak market, she spotted a man who she claimed had tried to abduct her on January 29. He was later identified as Kanwar Singh, a driver working in one of the offices of the Deputy Commissioner of Rohtak. Singh was handed over to the police but was let off the same night.
On July 30, Singh was re-arrested and sent to judicial custody. After two months in jail, he was been granted bail by the Punjab and Haryana High Court.
On August 10, Kapoor moved a petition in the CJM court requesting implementation of its June 15 order (inquiry by a Central agency). On September 17, he moved a fresh petition for initiation of inquiry under Section 159 as the earlier court order was not complied with and also prayed for the initiation of contempt proceedings against the defaulting officer of the state of Haryana.
Kapoor also provided the court with a sealed envelope containing the names of some of the accused on September 17.
The state for its part, on September 25, told the court that the petitioner should disclose the names of the accused persons provided in the sealed envelope as these were essential to the investigation.
Disclosing the names, in his statement before the CJM, on October 7, Kapoor said DC Anil Kumar bore a grudge against him because of a case of contempt that was pending in his court.
Kapoor's statement said SP Chawla was annoyed with him because he had to appear in the court in a criminal case and during cross-examination by the defence counsel was subjected to ``inconvenient questions''. Kapoor also told the court that his security personnel was withdrawn at the behest of the SP and DC on January 27.
Reached for comment by Express Newsline, judge Jindal described Kapoor's allegations as ``scandalous, defamatory and trash.'' About the withdrawal of the security to Kapoor, he said the SP had to do it as their services were needed for election duty at that point.
DC Anil Kumar's reaction was: ``I have not even seen the face of this man. It is the creation of his mind and is totally baseless''.
SP Chawla could not be contacted for his comments.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.