[Lawrence Bishnoi Jail Interview Row] HC Seeks Clarification Over DGP's Press Statement That Bishnoi Was Not Lodged In Punjab Prison During Interview

The Punjab & Haryana High Court has directed the Punjab DGP, to clarify on what basis he had given statements in a press conference that gangster Lawrence Bishnoi was not confined in Punjab Prisons during his controversial TV interview from jail.

In March 2023, wherein the Punjab DGP reportedly denied that the interview of gangster Lawrence Bishnoi was from any jail in Punjab.

After SIT was constituted by the High Court, it revealed in August that gangster Lawrence Bishnoi's first interview "glorifying crime and criminals" was conducted when he was in Punjab's Kharar CIA premises and the second interview was in a Jaipur jail.

Justice Anupinder Singh Grewal and Justice Lapita Banerji opined, "the affidavit of the Director General of Police, Punjab, is not satisfactory. He appears to be more concerned about the jails in Punjab although jail department is not under him. He ought to have enquired as to whether the interview had been conducted while criminal was in police custody as the period of custody of the criminal in jails of Punjab was more than the time spent in the judicial custody."

The division directed DGP to explain that as to why he did not consider the factum of the said criminal being confined in the premises of the CIA Staff, Kharar, for a long period of time and as to whether the interview, which he had conducted, had been conducted within those premises.

The Court highlighted that he had made reference to categoric finding and "he ought to clarify those findings and the basis of the statement made to the media."

Hence, the Court granted him another opportunity to file an affidavit to offer explanation in this regard. 

The Court was hearing its suo moto case against the use of mobile phones in the prisons.

During the hearing, AG Punjab Gurminder Singh submitted that "in terms of the report of the SIT headed by Mr. Prabodh Kumar, Special Director General of Police, which had indicated connivance of certain police officers, the State Government taking serious view of the matter has decided to dismiss Mr. Gursher Singh, Deputy Superintendent of Police, by invoking powers under Article 311(2) of the Constitution of India."

The Punjab ADGP for Prisons submitted that "several measures have been taken to augment the jail security in terms of the directions of this Court."

After perusing the affidavit filed by the DGP, the Court observed that "the said criminal (Lawrence Bishnoi) was in the premises of the CIA Staff, Kharar, for a period of five months and in the Bathinda jail only for a period of less than two months."

Police remand for the said criminal had been obtained after 2022 even in those cases which were registered prior thereto in the years 2017 to 2021, it added further.

While listing the matter for December 18, the Court noted ASG Satya Pal Jain submitted that, all the permissions, which had been sought by the State Government, have been accorded for installation of jammers, "but in case any other permission is sought, same would be considered expeditiously."

Ms. Tanu Bedi, Advocate as Amicus Curiae Mr. Sumit Kumar, Advocate.

Mr. Gurminder Singh, Advocate General, Punjab. Mr. A.D.S. Sukhija, Addl. A.G, Punjab

Mr. Aftab Singh Khara, Sr. DAG, Punjab and Mr. Adeshwar Singh Pannu, AAG, Punjab.

Mr. Anant Kataria, DAG, Haryana.

Mr. Manish Bansal, Public Prosecutor, U.T., Chandigarh with. Mr. Rajiv Vij, Addl. P.P., U.T., Chandigarh.

Mr. Satya Pal Jain, Add. Solicitor General of India with Mr. Arun Gosain, Senior Govt. Counsel for respondent-UOI.

Mr. Arun Pal Singh, ADGP (Prisons), Punjab (Through Video Conferencing).

Mr. Gourave Bhaiyya Gilhotra, Advocate, Mr. Hitesh Verma, Advocate and Mr. Vishwajeet Singh, Advocate for applicant (in CM-85-CWPIL-2023).

Mr. Jaskaranjeet Singh Sibia, Advocate for inmate (Ravinder Singh).

 Title: COURT ON ITS OWN MOTION VS STATE OF PUNJAB AND OTHERS

 Click here to read/download the order