"Premature": Punjab & Haryana HC Dismisses Lawrence Bishnoi's Plea Filed Over Apprehension Of Fake Encounter By Punjab Police

The Punjab and Haryana High Court has dismissed a plea filed by Lawrence Bishnoi in connection with the murder of renowned Punjabi Singer Sidhu Moosewala 29, seeking necessary security arrangements, apprehending a fake encounter by the Punjab Police

Calling the petition 'premature', the Bench of Justice Sureshwar Thakur took into account the submission made by Advocate General, Punjab that Bishnoi has not been nominated as an accused in connection with Moosewala's death, therefore, Bishnoi's apprehensions are completely premature.

Before the Court, Bishnoi claimed that through warrants of the arrest made by the police, upon, the Superintendent of Jail concerned, he is likely to be arrested by the police of the State of Punjab, and, that thereafter he is likely to be produced, before the learned Illaqa Magistrate concerned, asking for his being put to either police remand or judicial remand.

He further expressed an apprehension that during the course of his transit from the jail, where he is instantly lodged, until the Court concerned, where he is likely to be produced, by the police officer for the relevant purpose, there is every likelihood of his being eliminated in a fake encounter.

It was further his contention that the personal/physical presence, and, the personal production for the relevant purposes before the Court of the jurisdictional Magistrate, be dispensed with, and, rather though he has prayed that his custodial interrogation, if any, as may be required in respect of the petition crime, be made through online video conferencing facility, as is available within the premises of Tihar Jail.

Against this backdrop, taking into account the submission of the Punjab, AG, the court also noted that on May 31, 2022, Bishnoi had been remanded to police custody by Judicial Magistrate, Delhi in respect of a crime becoming committed by him, at the Police Station Special Cell, Delhi.

"...when through the above order, the period of police remand, as granted to the investigating agency, qua the petitioner, is not over, as, of date. In consequence, also, the present petitioner cannot nurse any apprehension, that yet he is likely to face any police remand, after his being likely to be arrested, under, any warrants of arrest, if any, as may be issued by the police officer concerned, upon, the Superintendent of Jail concerned, nor he can well rest any apprehension, that during his transit from the jail concerned, upto the Court of the jurisdictional Magistrate concerned, he is likely to be eliminated in a fake encounter, rather by the Punjab police. Reiteratedly all the above-nursed apprehensions, do, in the wake of all above, rather conspicuously become completely effaced"

Accordingly, the instant petition was dismissed at this stage. However, leaving liberty to all the concerned, to respectively take appropriate remedies, and/or, to draw appropriate actions, in accordance with the law, if deemed fit, and, at an appropriate stage.

Case title - Lawrence Bishnoi v. State of Punjab and others

Citation: 2022 LiveLaw (PH) 129

Click Here To Read/Download Order