Officers Provided Studio-Like Facility In Police Station For Lawrence Bishnoi's Interview From Custody, Glorified Crime: Punjab & Haryana High Court

The Punjab & Haryana High Court said that the Punjab Police Officers allowed Lawrence Bishnoi to use electronic device and provided a studio like facility to conduct the TV interview which tends to glorify crime.

Justice Anupinder Singh Grewal and Justice Lapita Banerji said, "The office of the Officer Incharge of the Police Station was used as a studio to conduct the interview. The official Wi-Fi at the premises of the CIA staff had been provided for conducting the interview which is a pointer towards the criminal conspiracy. The report indicates that roznamcha was also forged and fabricated."

The Court said that the matter calls for further investigation as to for what consideration this was done and the various aspects towards offences under the Prevention of Corruption Act besides other offences need to be examined.

The bench also said that the cancellation report filed against Lawrence Bishnoi in a case pertaining to giving a TV interview from police custody raises suspicion of nexus and conspiracy between the police officers and the criminal.

"The police officers allowed the criminal to use electronic device and provided a studio like facility to conduct the interview which tends to glorify crime with the potential," said the bench.

The development came after the SIT constituted by the Punjab and Haryana High Court revealed that gangster Lawrence Bishnoi's first interview "glorifying crime and criminals" was conducted when he was in Crime Investigation Agency (CIA) premises in Punjab's Kharar and the second interview was in a Jaipur jail.

In the previous proceeding, the Court had expressed shock at the SIT, probing the TV interviews given by gangster Lawrence Bishnoi "glorifying crime and criminals" purportedly from jail, over its failure to intimate the Court about Punjab Police's recommendation to cancel the FIR in the matter.

The Court also remarked that the Punjab government counsel was unable to provide any satisfactory explanation with regard to the "tearing hurry" in filing the cancellation report before the Magistrate Court. It has therefore stayed further proceedings in the matter.

In the present proceeding, the Court asked the SIT head Special DGP, Punjab State Human Rights Commission, Prabodh Kumar further investigate on the various aspects towards offences under the Prevention of Corruption Act besides other offences against the Police Officers involved.

The SIT head submitted that the SIT did not have the mandate to look into other offences including those under the Prevention of Corruption Act.

Rejecting the submissions, the Court said, "We direct that a new SIT headed by Mr. Prabodh Kumar and also comprising of Mr. Nageshwar Rao, ADGP, Provisioning and Mr.Nilabh Kishore, ADGP, STF to carry out further investigation towards criminal conspiracy, abetment, forgery, offences under Prevention of Corruption Act, Information Technology Act and also under any other offence. The SIT shall file a status report within a period of 6 weeks."

The Court also took note that the Punjab DGP had made a statement in a press conference that the interview had not taken place in any jail in the state of Punjab.

"The fact that the interview had been conducted within the premises of CIA staff, Kharar, SAS Nagar district, makes it even worse as it appears to have been conducted in connivance with the police officers. Therefore, we direct the DGP, Punjab to disclose on affidavit the basis of such statement made during press conference," the bench added.

The Court also directed periodic checks on the banned interview and asked to remove it if found to have resurfaced.

The matter is listed for November 19, for further consideration.

Ms. Tanu Bedi, Advocate as Amicus Curiae and Mr. Sumeet,

Advocate Mr. Satyapal Jain, Additional Solicitor General of India with Mr. Arun Gosain, Senior Govt. Counsel for respondent/UOI.

Mr. Gurminder Singh, Advocate General, Punjab with Mr. H.S. Sullar, Senior DAG, Punjab and Mr. ADS Sukhija, Addl. AG, Punjab.

Mr. Anant Kataria, DAG, Haryana. Mr. Manish Bansal, Public Prosecutor, UT, Chandigarh and Mr. Rajiv Vij, Addl. PP, UT, Chandigarh.

Title: COURT ON ITS OWN MOTION V/S STATE OF PUNJAB AND OTHERS 

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