Excerpt
The order came in a criminal writ moved by Lawrence Bishnoi in Punjab and Haryana High Court. In the present plea, the petitioner Bishnoi had expressed fear of ‘False Encounter’ by Police during transit as was done in case of Vikas Dubey.
Facts of the Case:
The Petitioner, Lawrence Bishnoi had been a student of DAV College, Chandigarh. He was actively involved in student politics as a member of the Student Organisation. It is alleged that Bishnoi had been involved in a large number of FIRs in the State of Punjab, Haryana and Rajasthan. The Petitioner had been in custody since 2015 and is presently confined in Central Jail, Bharatpur, Rajasthan since the last about 2 years.
On July 21, A murder case had been registered against the Petitioner at Dabwali in Sirsa district of Haryana. And Chandigarh Police also have wanted to question him in connection with two shooting incidents. Due to which the Petitioner is ordered to be moved to Chandigarh for interrogation. Hence, the Petitioner sought directions to Haryana to dispense his presence and interrogate him through video conference.
Submissions before Court:
Ld. Counsel for the Petitioner submitted that there was no evidence to support the alleged involvement of the Petitioner. He further stated that since the Police in every likelihood would be unsuccessful to secure conviction, they would eliminate the Petitioner by showing some kind of a false encounter as was done in the case of Vikas Dubey by the Uttar Pradesh Police.
The Counsel further submitted that in the time of advancement of technology where the Courts are relied on video conferencing, the Police could also effectively interrogate the Petitioner through it.
After which Ld. State Counsel opposed that the Petitioner had been mastermind in commission of various offences. And hence, his interrogation was of utmost importance. The Counsel further promised to make all necessary arrangements to ensure a safe transit of the Petitioner.
Court’s Order:
A Single Bench of Justice Gurvinder Singh Gill observed that the physical interrogation was necessary and the Police could not be deprived of its right to interrogate an accused. The Court further ordered U.T. Chandigarh and State of Haryana Police to record video of the entire transit.
For the original order of the case, Click here: Lawrence Bishnoi v. GNCTD
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