Eight months after jailed gangster Lawrence Bishnoi appeared in two interviews conducted by a private channel, the Punjab and Haryana high court has ordered the registration of two FIRs and handed over the probe to a special investigation team (SIT).
The high court bench of justice Anupinder Singh Grewal and justice Kirti Singh underlined the importance of a ‘free and fair’ press, but ordered the director general of police (DGP), Punjab, to get links, URLs removed from the websites and the channel, which carried interview of the gangster.
The direction came in a suo motu plea initiated in November taking note of reports that two interviews were conducted with the gangster even as he has remained in jail for years together. The gangster was interviewed by a news channel and it was telecast on March 14 and March 17.
At the time of the telecast, he was in Bathinda jail. A two-member committee comprising of a special DGP (STF) and an additional director general of police (prisons) was constituted in March 2023 by the government. But the probe report was submitted, nine months after the episode, after high court intervention. As per the court order, the committee has come to the conclusion that it is highly improbable that interviews had taken place either in judicial custody or in police custody in Punjab. But it has not reached a “definite conclusion”.
The high court bench termed it ‘strange’ that the committee took over eight months to arrive at an “inconclusive finding” and observed that in the backdrop of the gravity of the situation where a suspect, who is involved in a large number of serious criminal cases, is allowed to conduct an interview in police/judicial custody and it has taken the committee over eight months to submit an inconclusive report. “We, while directing the registration of the FIR would like the matter to be investigated by a Special Investigation Team,” it said directing the DGP to immediately register two FIRs with regard to two interviews and handing over the probe to the SIT headed by DG, Human Rights Commission, Prabodh Kumar with members Dr S Rahul (IPS), and DIG, (Cyber Crime), Nilambari Vijay Jagadale. The SIT has been told to file a status report within two months.
{{/usCountry}}The high court bench termed it ‘strange’ that the committee took over eight months to arrive at an “inconclusive finding” and observed that in the backdrop of the gravity of the situation where a suspect, who is involved in a large number of serious criminal cases, is allowed to conduct an interview in police/judicial custody and it has taken the committee over eight months to submit an inconclusive report. “We, while directing the registration of the FIR would like the matter to be investigated by a Special Investigation Team,” it said directing the DGP to immediately register two FIRs with regard to two interviews and handing over the probe to the SIT headed by DG, Human Rights Commission, Prabodh Kumar with members Dr S Rahul (IPS), and DIG, (Cyber Crime), Nilambari Vijay Jagadale. The SIT has been told to file a status report within two months.
{{/usCountry}}Freedom of speech not absolute: HC
The court took note of the fact that the gangster is involved in 71 cases in Punjab and had been convicted in four cases including under the Unlawful Activities (Prevention) Act, 1967, murder, extortions etc. The bench said that it has seen the interviews and the gangster therein is justifying target killings and his criminal activities and reiterated and justified threat to a film actor.
“As in a large number of cases wherein he is involved, trials are underway and attempt to projecting his persona as larger than life could influence the witnesses. These interviews are stated to have garnered over 12 million views. It would have an adverse impact upon youngsters with impressionable minds. Punjab is a border state and any deterioration in law and order or increase in crime could affect the national security as at times, anti-national elements take advantage of the situation and often use criminals for their nefarious designs. They often get help from across the border. There is a thin line between extortion, target killings and anti–national activities,” the bench said asserting that the conduct of the interviews is an apparent jail security breach and violation of the Prisons Act.
The bench further said that freedom of speech and expression has been enshrined in Article 19 (1) (a) of the Constitution of India. “This freedom also includes a free and fair press which is an important pillar of a democracy governed by rule of law. However, this freedom is not absolute and is subject to reasonable restrictions as provided under Article 19(2) of the Constitution of India, which include security of state, public order and would not permit incitement to an offence,” it said further ordering the DGP to get the interviews and related content removed from the platform of the channel as well as from social media and search engines.
As for the rampant use of phones in jails, the court has sought a timeline for taking appropriate measures by January 10 and asked the government to consider the matter as top priority as breaches in jail security have an impact on the law and order in the state. “We have noticed that in several cases which have come up for hearing in the courts, mobile phones are being used by the inmates in furtherance of their criminal activities,” it further added.