2020 (12) TMI 1223
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.... gist of prayers made therein is to the following effect:- i) For dispensing with the physical presence and production of petitioner in respect of FIR No. 252 dated 21.7.2020 registered at Police Station Sadar Dabwali, District Sirsa. ii) To direct respondents No. 1, 2 and 3 i.e. State of Haryana, Director General of Police, Haryana and S.H.O., Police Station Dabwali Sadar, Sirsa to question/interrogate the petitioner in connection with the aforesaid FIR through online mode/vide conferencing. iii) In case the petitioner is required to be produced in connection with investigation or interrogation pertaining to aforesaid FIR then adequate measures of security be taken so as to rule out any untoward incident, especially as regards his security. iv) To ensure that whenever the petitioner is produced, he is produced duly handcuffed. 3. In CRWP No. 10369 of 2020 also, identical prayers have been made in respect of FIR No. 102 dated 31.5.2020 registered at Police Station Sector 34, Chandigarh and also in connection with FIR No. 60 dated 2.6.2020 registered at Police Station, Sector 3, Chandigarh. 4. It is the case of the petitioner that he has been a student of DAV College, Sect....
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....person to Ankit @ Bhanu for purchase of motorcycles for shooters and thereafter four shooters namely Parveen, Ankit Haryanvi, Vikas and Rohit Gonder were hired for murdering Jai Parkash Poonia and Mukesh Kumar. It is further stated therein that shooters namely Vikas and Rohit Gonder alongwith another accused Ram Pal were arrested by Special Task Force and during interrogation, they disclosed about the petitioner Lawerence Bishnoi being the mastermind behind commission of the offences in question. 6. As regards the other case, i.e. CRWP-10369-2020, this Court while issuing notice of motion had directed U.T. Chandigarh to furnish information as regards the security measures proposed to be adopted in case the petitioner is to be brought to Chandigarh. The relevant operative portion of order dated 11.12.2020 reads as follows:- "Mr. A.M. Punchhi, PP, U.T., Chandigarh to, however, furnish details of the measures proposed to be taken in case the petitioner is to be brought to Chandigarh and as to how much manpower and how many vehicles would be deployed and as to whether any arrangement is possible for video recording the entire transit." 7. Shri Kuldeep Singh Chahal, Senior Superinte....
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....ng 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. It has further been submitted that in the present times of advancement of technology where the Courts have extensively been relying upon video conferencing for the purpose of recording evidence as well as for hearing arguments and in some cases also for extension of remand, the police can effectively interrogate the petitioner through video conferencing. It has further been submitted that in case the police does not wish to interrogate through video conferencing, then a team of investigators/interrogators can be deputed to visit jail where the petitioner is confined rather than bringing him to Chandigarh and Dabwali. 9. Opposing the petition, the learned State counsel has submitted that in view of the involvement of the petitioner in large number of cases, especially the fact that he has been the mastermind in commission of various offences while being at the backstage, his interrogation is of utmost importance failing which it will not be possible to effectively investigate the matter and reach at just conclusion. Mr. Deepak Sabherwal, Addl. A.G., Hary....
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....y 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 are hereby issued to U.T. Chandigarh as well as to the State of Haryana:- i) 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. ii) The entire operation shall be monitored and supervised by Shri Omvir Singh Bishnoi, DIG, U.T. Chandigarh. Although, in the affidavit furnished by S.S.P. Chandigarh, it has been deposed that as many as 20 police officers/officials shall be deputed, but Shri Omvir Singh Bishnoi, DIG, U.T. Chandigarh shall himself assess the position again and in case he is of the opinion that more personnel is required, the same shall be deputed so as to rule out any possibility of an untoward incident. iii) The accused shall be brought in a bullet-proof or armoured vehicle duly escorted by armed trained c....