Supreme Court Directs No Coercive Steps Be Taken Against Journalist Who Interviewed Gangster Lawrence Bishnoi In Jail

The Supreme Court today (August 30) directed that no coercive steps be taken against the ABP News Journalist who interviewed gangster Lawrence Bishnoi in Punjab and Rajasthan Jails. 

The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra was hearing the challenge against Punjab and Haryana High Court's directions to the SIT headed by Prabohd Kumar IPS, to lodge an FIR in the matter pertaining to the interview so that an investigation can be conducted as per the provisions of CrPC. 

Notably, the High Court while hearing a Suo Motu matter against the use of mobile phone in Punjab's prisons constituted a three-member SIT to investigate alleged Gangster Lawrence Bishnoi's TV interview to determine the involvement of the officials. The High Court had earlier observed interview on YouTube garnered 12 million views and wrongly justified targeted killings and criminal activities. 

Today, the CJI, while issuing notice in the writ petition and special leave petition filed by ABP News Network and Journalist Jagvinder Patial verbally remarked that while the intention of Journalist was to expose the criminals, conducting an interview within the premises of Jail poses serious breach of jail regulations. 

" At a certain level, perhaps your client may by seeking the interview may have breached certain regulations of the Jail. But the fact that it can happen with in a jail is a very serious matter also" 

Senior Advocate Mukul Rohatgi appearing for the petitioners argued that the interview helped 'expose the rot'. He contended that the Journalist carried out a sting operation as part of investigative journalism to show how Bishnoi was in touch with gangster Goldy Brar in Canada and was conspiring an attack against Salman Khan in view of the Black Buck Case. 

 The CJI however expressed whether it would justify the breach of jail restrictions and negate the concerns over security threats in Prisons as raised by the High Court

"The problem is, the fact remains that you gain access to jail and publish interview from jail, can you do that? Can we say the HC is wrong? There are restrictions by virtue of incarceration"  

Underlining the true essence of investigative journalism, Rohatgi replied " If you are going to kill the messenger who will expose the rot?" 

The Court issued notice in the matter and sought responses from States of Punjab and Rajasthan as well the Union. 

"We will issue notice here, serve the standing counsel of the states of Punjab, Rajasthan and Union also." 

Rohatgi also urged the need for a protective order for Journalist Patial as he is facing life threats in light of the sting operation. He clarified that Patial has not been arrested yet.  

Taking note of the same, the bench directed Patial to comply with the ongoing SIT probe and clarified that no coercive steps be taken by the authorities against him. 

"2nd petitioner shall cooperate with the SIT investigation, we direct that pending further orders from this Court, no coercive steps shall be taken against him." the CJI dictated in his order.  

Last month, the Court had dismissed the petition filed by Lawrence Bishnoi challenging the High Court order for the SIT probe over the TV interview.

Background 

The  High Court bench of Justice Anupinder Singh Grewal and Justice Lapita Banerji had constituted a Special Investigation Team (SIT) to probe into the interview given by Lawrence Bishnoi when he was in Crime Investigation Agency (CIA) premises in Punjab's Kharar.

CIA is a special branch of the Punjab Police. Bishnoi was in custody in connection with a drugs and arms case.

This development took place when the bench was hearing a suo moto case against the use of mobile phones in the prisons. It observed that though Punjab Police is one of the best police forces in the Country, there is an urgent need to identify the "black sheep" in the force and bring the corrupt officials to books. 

On August 7, the High Court expressed 'disquiet' over the fact that the first interview which was conducted on the night intervening 3rd and 4th September, 2022, Bishnoi was in the premises of CIA, Kharar. While giving the second interview, he was in Rajasthan.

The interviews justify targeted killings and criminal activities, the Court had earlier said. It apprehends that the viral interview, with nearly 12 million views on Youtube, may have encouraged criminals. It further directed Punjab's DGP to file an affidavit "setting out the number and details of registration of criminal cases especially those relating to extortion/threatening calls, calls for ransom, abduction and intimidation of witnesses in the State of Punjab w.e.f. March, 2023 uptil December, 2023 when the interviews were directed to be removed from the website/channel/URL and 09 months prior to the broadcast of the interview."

Case : ABP NETWORK AND ANR. Versus UNION OF INDIA AND ORS. Diary No. 36514-2024

ABP NETWORK PRIVATE LIMITED AND ANR. Versus UNION OF INDIA AND ORS. Diary No. 37924-2024