‘Criminal-police nexus’: HC orders fresh investigation in Bishnoi interview case
Just about a fortnight after the Punjab and Haryana High Court took exception to the cancellation report filed by the special investigation team in the Lawrence Bishnoi interview case, a Division Bench has directed that a “new” special investigation team should carry out further investigation. It has been asked to probe “criminal conspiracy, abetment, forgery and offences under the Prevention of Corruption Act, the Information Technology Act and also any other offence”.
The direction came as the Bench of Justice Anupinder Singh Grewal and Justice Lapita Banerji asserted that the report under Section 173 of the CrPC gave rise to “suspicion of nexus and conspiracy between police officers and the criminal”.
The Bench observed that the police officers allowed the criminal to use an electronic device and provided a studio-like facility to conduct the interview, tending to glorify crime with the potential to facilitate other offences, including extortion, by the criminal and his accomplices.
“The involvement of police officers may suggest receipt of illegal gratification from the criminal or his accomplices and constitute offences under the Prevention of Corruption Act. Therefore, the case requires further investigation,” the Bench observed.
The court also demanded an affidavit from the state DGP explaining why Bishnoi was detained at the CIA premises for an extended period. The court also asked for an explanation for a previous statement made by the DGP claiming that no interview took place in the jail.
The Bench said the state was also asked to specify whether repeated remands to keep Bishnoi there was a deliberate attempt to retain him at the same station for extraneous reasons or whether he was generally required for investigation. However, the affidavit addressing the court concern had not been filed till date.
“Earlier it came to the notice of this court that the DGP had made a statement at a press conference that the interview had not taken place in any jail in Punjab. The fact that the interview had been conducted within the premises of the CIA staff, Kharar, SAS Nagar district, makes it even worse as it appears to have been conducted in connivance with police officers. Therefore, we direct the DGP, Punjab, to disclose on an affidavit the basis of such a statement made at a press conference,” the court said.
The Bench also took note of the state’s submission that seven police officers/officials of Punjab had been placed under suspension and departmental proceedings had been initiated following the interview. “This court, by an order dated August 7, 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. No action appears to have been taken against the senior officers of the district,” the Bench asserted.
Cops provided studio-like facility
Police officers allowed the criminal to use an electronic device and provided a studio-like facility to conduct the interview. Their involvement may suggest receipt of illegal gratification. — High Court Bench
