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

first_imgNews UpdatesGangster Bishnoi’s Plea- ‘Fearing Vikas Dubey Like Fake Encounter’: P&H High Court Orders Videography Of His Entire Transit Sparsh Upadhyay23 Dec 2020 7:30 PMShare This – x”This Court is of the firm opinion that the police cannot be deprived of its right to interrogate an accused and that video conferencing may not be as effective as physical interrogation”, observed the Punjab & Haryana High Court on Monday (21st December) while dismissing Gangster Lawrence Bishnoi’s plea to direct the Chandigarh and Haryana Police to interrogate him through…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login”This Court is of the firm opinion that the police cannot be deprived of its right to interrogate an accused and that video conferencing may not be as effective as physical interrogation”, observed the Punjab & Haryana High Court on Monday (21st December) while dismissing Gangster Lawrence Bishnoi’s plea to direct the Chandigarh and Haryana Police to interrogate him through video conference. 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 transitIt 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)] Click Here To Download OrderRead OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

WATCH THIS: Dutee Chand’s spectacular sprint which won her the 100m gold at the World University games in Napoli, Italy

first_imgLast Updated: 10th July, 2019 11:44 IST WATCH THIS: Dutee Chand’s Spectacular Sprint Which Won Her The 100m Gold At The World University Games In Napoli, Italy National record holder Dutee Chand became the first Indian woman track and field athlete to clinch a gold medal in the World Universiade after she won the 100m dash event I’ve been passionately following since my childhood but it never came. Finally, for the first time, a gold for India! Congratulations @DuteeChand for winning the 100m sprint at the Universiade, the World University Games, in Naples🇮🇳 pic.twitter.com/Rh4phsKCEI— Kiren Rijiju (@KirenRijiju) July 10, 2019 Press Trust Of India The Odisha runner, whose national record stands at 11.24 seconds, thus became the first Indian to win a 100m gold in a global event. She has now become only the second Indian sprinter to win a gold in a global event after Hima Das, who clinched the top spot in 400m in the World Junior Athletics Championships last year. Dutee, who had a silver each in 100m and 200m in the 2018 Asian Games, is also only the second Indian track and field athlete to win a gold in the World Universiade. Pull me down, I will come back stronger! pic.twitter.com/PHO86ZrExl— Dutee Chand (@DuteeChand) July 9, 2019 LIVE TV Written By COMMENT First Published: 10th July, 2019 11:12 IST WATCH US LIVE National record holder Dutee Chand became the first Indian woman track and field athlete to clinch a gold medal in the World Universiade after she won the 100m dash event.The 23-year-old Dutee clocked 11.32 seconds to win the gold as she led the race from start to finish. Running at lane number 4, Dutee was the first one out of the eight athletes to blast off the starting blocks and she made most of it to fend of a late challenge from Del Ponte (11.33) of Switzerland. Lisa KwaYie of Germany took the bronze in 11.39 seconds in the race run past midnight Indian time on Tuesday.After winning the race, Dutee posted a picture of her medal and said that she will come back stronger. She further added: “With years of hardwork and your blessings, I have yet again broken the record by winning the Gold in 100m dash in 11.32 seconds at The World University Games, Napoli. In the pictures (picture of all three medal winners), are the winners too, with a heart of Gold from Germany and Sweden. SUBSCRIBE TO US Earlier on Tuesday, Dutee qualified for the final with a time of 11.41 seconds in the semifinal, which had made her the first Indian sprinter to make it to the final of World Universiade. On Monday, she had advanced to the semifinals from the heats with a time of 11.58 seconds. She has a season best of 11.26 seconds in 100m, recorded in the Doha Asian Championships in April. She could not reach the semifinals in the previous edition of the World University Games in Taipei City in 2017, where Sanjivani Jadhav had won a silver in women’s 10000m race. She is yet to qualify for the World Championships to be held in Doha in September-October.President Ram Nath Kovind congratulated the winner on her feat and said that this is a moment of immense pride for our country. The President urged her to keep up the effort, and look to greater glory at the Olympics. Dutee replied to the President’s tweet, saying: “Thank you, sir. I will try my best to bring Olympics Gold Medal home. Once again, many thanks for your blessings.”Sports Minister Kiren Rijiju also applauded Dutee’s efforts. Here is the video of her run that gave India this proud moment: FOLLOW US 🏅 Picked it up! pic.twitter.com/Qwci6Uz5Yr— Dutee Chand (@DuteeChand) July 9, 2019last_img read more