Chandigarh: The Punjab and Haryana High Court said that the office of the officer in-charge of the police station was used as a studio to conduct the interview of gangster Lawrence Bishnoi and the official wifi at the premises of the Crime Investigation Agency (CIA) staff had been provided for conducting the interview which is a pointer towards the criminal conspiracy and constituted a new Special Investigation Team (SIT) 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.
A bench comprising Justice Anupinder Singh Grewal and Justice Lapita Banerji, which was hearing a suo motu cognisance initiated by it over Bishnoi’s interview while being in judicial custody, 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 High Court also raised questions on cancellation report filed in connection with Bishnoi’s interview.
Cancellation report raises a suspicion of nexus and conspiracy between police officers and criminal: High Court
“The report under section 173 CrPC (Code of Criminal Procedure) raises a 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 to facilitate other crimes including extortion by the criminal and his associates. Involvement of the police officers may suggest receipt of illegal gratification from the criminal or his associates and constitute offences under Prevention of Corruption Act. Therefore, the case requires further investigation,” the bench said.
High Court ordered for a new SIT to carry out further investigation towards criminal conspiracy, other offences
Prabodh Kumar, Special DGP, Punjab State Human Rights Commission, who heads the current SIT constituted by the High Court, told the bench that the SIT earlier did not have the mandate to look into the other offences including those under the Prevention of Corruption Act and the investigation was not carried out regarding those aspects as the SIT did not deem it appropriate to conduct a fishing and roving enquiry.
“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 High Court said.
High Court took note of an affidavit filed by the Punjab government
The High Court took note of an affidavit filed by the Punjab government pursuant to the order of the court stating that seven Punjab Police officers have been placed under suspension and departmental proceedings have been initiated against eight officers and inspector Shiv Kumar, the then in-charge, CIA Kharar who had been given extension in services, has been terminated.
The High Court, however, said that it had specifically directed that action should be taken against the senior officers who had facilitated the interview and the lower level officers should not be made scapegoats, but no action appears to have been taken against the senior officers of the district.
The High Court further said the affidavit of the Punjab government is also silent on its earlier direction to inform it as to why the interviewee had been kept in the premises of CIA Staff Kharar for a long period of time, and whether the repeated remands to keep the interviewee there was a deliberate attempt to keep him at the same station for extraneous reasons or whether he was generally required for investigation and why Shiv Kumar, the then in-charge CIA was given extension and posted there.
High Court directed DGP, Punjab to file an affidavit on his statement that interview had not taken place in any jail in Punjab
“We, therefore, direct the Director General of Police, Punjab to file an affidavit in this regard. Earlier it came to the notice of this court that the Director General of Police 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, District SAS Nagar 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 High Court said.
The High Court also directed to remove the Bishnoi interview from all social media platforms.
Bishnoi was interviewed by a news channel
Bishnoi, who is also a suspect in the murder case of a renowned singer Shubhdeep Singh Sidhu Moosewala, had been interviewed by a news channel and the interviews had been telecast in March, 2023. Bishnoi was stated to be in the custody of the Punjab Police or judicial custody in the State of Punjab at that time. The interviews have been viewed by over 12 million viewers.
The amicus curiae had earlier told the High Court that the telecast of the interviews is having an adverse impact on youngsters who are getting swayed and it creates wrong impression on the young impressionable minds as the interviews glorifies the criminal life and activities and the interviewee has justified taking law in his own hands for settling personal scores.
