Media Glorifying Gangsters To Youth, Judiciary Must Send Strong Message: Punjab & Haryana HC Denies Bail To Lawrence Bishnoi Gang Member
The Punjab and Haryana High Court refused to grant bail to an "active gang member" of Lawrence Bishnoi in a murder case, observing that judiciary must send a strong message that those who engage in nefarious activities will face the full brunt of the law.Justice Harpreet Singh Brar said,"The way, these hardened criminals are portrayed by popular media, has led to a distorted sense of power...
The Punjab and Haryana High Court refused to grant bail to an "active gang member" of Lawrence Bishnoi in a murder case, observing that judiciary must send a strong message that those who engage in nefarious activities will face the full brunt of the law.
Justice Harpreet Singh Brar said,
"The way, these hardened criminals are portrayed by popular media, has led to a distorted sense of power and impunity, particularly among the youth. The implications of unchecked gang activities are far- reaching, from rising violent crime rates to economic instability in affected communities and regions. This menace must be dealt with decisively and swiftly."
The Court added further that a firm hand with stringent law enforcement and legal measures is essential to dismantle extortion rackets.
These observations were made while hearing the second bail plea of Kapil @ Ninni in a 2019 murder case. It was alleged that Kapil along with others fired on a car and liquor business owner who succumbed to injuries.
Counsel for the petitioner contended that he is not named in the FIR and has been implicated on the basis of disclosure statement made by co-accused, while in police custody, which has no evidentiary value in the eyes of law.
The State counsel submitted that the petitioner is an active member of the Lawrence Bishnoi gang, habitual offender and he earned acquittal in several cases, as nobody dares to come forward to depose against him and his gang members.
After hearing the submissions, the Court noted that Kapil is already facing trial in nine other cases and has already been convicted in two cases and acquitted in four.
Justice Brar opined that if he is granted bail, there is a strong likelihood of him returning to his offending and nefarious ways. Moreover, there is a serious threat of evidence tampering and witness intimidation given the scope and expanse of their operations.
The Court observed that, "gangster culture, particularly in the form of extortion rackets, has emerged as a significant threat to the social order in today's time, fostering an environment of fear and lawlessness."
The glorification of violence, the normalization of criminal behavior, and the recruitment of vulnerable youth into gangs not only perpetuate crime but erode public trust in justice system, it added.
The judge said that extortion is a hallmark of their operations, forces individuals and businesses to pay for "protection" or face dire consequences, perpetuating a cycle of fear and lawlessness.
"Such criminal activities not only stifle entrepreneurship, but also create a parallel economy, fostering corruption and subverting the rule of law," it added.
Stating that the judiciary must not spare the criminals involved in such activities, the Court said, "this will be a step towards restoring public confidence and protecting the foundations of a law-abiding society."
While considering that the petitioner is involved in several other cases of similar nature, the Court rejected the plea.
It also directed the police to prepare the Threat Analysis Report with regard to the protection of the complainant/witness and take the necessary steps as per 'Witness Protection Scheme, 2018'.
Mr. Vijay Kumar Sheoran, Advocate for the petitioner.
Mr. Jasdeep Singh Gill, Addl. AG, Punjab and Mr. Sandeep Kumar, DAG, Punjab.
Title: Kapil @ Ninni v. State of Punjab
Citation: 2024 LiveLaw (PH) 261