Gangster Bishnoi's Plea- 'Fearing Vikas Dubey Like Fake Encounter': P&H High Court Orders Videography Of His Entire Transit

The Bench of Justice Gurvinder Singh Gill was hearing the plea of Bishnoi who had expressed fears that he could be eliminated in a 'fake police encounter,' during transit to Chandigarh and Haryana for interrogation in various criminal cases.

The Background of the matter

Bishnoi, against whom a large number of FIRs have been registered in the States of Punjab and Haryana and who is also involved in a case registered in U.T. Chandigarh. is in custody since the year 2015 and is presently confined in Central Jail, Bharatpur, Rajasthan since the last about 2 years.

It may be noted that following the encounter of Vikas Dubey by Uttar Pradesh Police, Bishnoi had moved a petition in the HC, fearing threat to his life and sought that directions be issued to Haryana to dispense his presence and production in a FIR filed at Sirsa.

Plea of Bishnoi

Bishnoi submitted before the Court that he remained actively associated with Students' Organisation and that being a victim of circumstances, he has been falsely involved in a large number of FIRs in the State of Punjab, Haryana and Rajasthan.

Further, he stated that the said involvement in cases is not based on any credible evidence but is rather based on confessions extracted from individuals in custody.

It is further stated therein that infact when the occurrence in respect of the aforesaid FIRs had taken place, he was already behind bars and could not have participated in any manner and the commission of the offences alleged therein.

The petitioner, thus, apprehended that since there is no credible evidence against him, he is likely to be eliminated by the police by involving him in some false encounter during the course of his transit, in case he is brought to Haryana or Chandigarh.

He specifically stated that since the police in every likelihood would be unsuccessful to secure conviction, the petitioner apprehends that "the police is going to eliminate him by showing some kind of a false encounter as was done in the case of Vikas Dubey by the Uttar Pradesh Police."

He further prayed before the Court that his interrogation be conducted through Video Conferencing, and in case that is not possible, then a team of investigators/interrogators could be deputed to visit jail where he is confined rather than bringing him to Chandigarh and Dabwali.

Court's Order

Noting that it is an indefeasible right of the police to interrogate an accused to unearth the truth, the Court observed that interrogation through video conference, will lose much of its effectiveness when the accused is sitting far far away from the investigator/interrogator.

The Court remarked,

"During the course of interrogation, an Investigator would put several questions one after another depending upon the answers given by the accused while watching his demeanour. Interrogation also involves reading the psyche of the accused so as to elicit truth which can effectively be possible by observing his immediate response and conduct to the queries put to him."

The Court also said,

"A trained interrogator may even be able to assess the veracity of answers from the manner an accused blinks his eyes or sighs or moves his feet. Further, at times during interrogation, in case any disclosure is made by the accused which has to lead to some kind of recovery of some articles or some other evidence, the accused may be required to be taken to place of occurrence."

Consequently, the Court said that Investigator could not be deprived of an important means to elicit information pertaining to commission of an offence, in the absence of which the police may never be able to tie loose ends together.

However, at the same time, keeping in view the apprehension of the petitioner, the Court observed,

"It needs to be secured that no harm is caused to the accused and that he is safely brought from the jail where he is presently confined in Rajasthan to Chandigarh or to Haryana where he is involved in other cases."

For the said purpose, the following directions were hereby issued to U.T. Chandigarh as well as to the State of Haryana:-

• The petitioner shall first be brought from Rajasthan to Chandigarh by the Chandigarh police after obtaining requisite production warrants as per provisions of law and shall be produced before the Illaqa Magistrate concerned for the purpose of seeking remand.
• The entire operation shall be monitored and supervised by DIG, U.T. Chandigarh
• The accused shall be brought in a bullet-proof or armoured vehicle duly escorted by armed trained commandos, armed with sophisticated arms and ammunition.
• The petitioner shall be duly handcuffed and shackled during transit which would be helpful for the police as well as for the accused as the apprehension of the police that he may escape would be minimised and so also the apprehension of the petitioner as regards any false encounter.
• The police before proceeding to Rajasthan shall intimate the Rajasthan Police so that adequate arrangements are made by the Rajasthan police for a safe transit
• It shall be ensured that all the vehicles are in perfect condition and are duly serviced beforehand and checked thoroughly to rule out any chance of breakdown.
• After the Chandigarh police has produced the petitioner before the Illaqa Magistrate, Chandigarh and has obtained the remand and has interrogated the petitioner, he shall be handed over to the Haryana Police, in case, the Haryana Police is able to get his production warrants.
• The entire exercise of production at the Court at Dabwali and thereafter taking him back to Rajasthan shall be monitored and supervised by I.G., Hisar Haryana.
• It is further ordered that the entire transit shall be videographed by the U.T. Police and the Haryana Police when the accused is in their custody.

Importantly, the Court said,

"It is made clear that in case of any default, the officials concerned shall be held personally liable and responsible."

The petition stood disposed of in the above mentioned terms.

Case title - Lawrence Bishnoi v. State of Haryana and others along with a connected petition [CRWP-6427-2020 (O&M) & CRWP-10369-2020 (O&M)]

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