Extension of retired officer’s service raises concern in Punjab and Haryana High Court

More than 9 months after “known criminal” Lawrence Bishnoi’s in-custody interview, which “glorified crime and criminals”, was flagged as a matter of grave concern, the Punjab and Haryana High Court was informed about a troubling extension of service for Inspector Shiv Kumar, the former in-charge of CIA Staff, Kharar. Counsel for the state of Punjab disclosed that Inspector Kumar retired in 2023, yet an affidavit filed by the ADGP (Prisons) stated that he was in-charge of CIA Staff until January 2024.

The bench of Justice Anupinder Singh Grewal and Justice Lapita Banerji court expressed its disquiet over the possibility that such an extension could have been granted and asked the state to provide a clear explanation.

“It is disconcerting to believe that an officer, who had superannuated, had been given extension and posted at CIA Staff Kharar,” the bench added. The state counsel, in turn, sought additional time to obtain instructions and file an affidavit detailing the competent authority’s reasons for Inspector Kumar’s continued posting.

The court further directed the state to respond to submissions made by amicus curiae Tanu Bedi concerning the prolonged detention of Bishnoi at CIA Staff Kharar. It questioned whether the officers who received show cause notices were currently “at posts having public dealing”.

The amicus had emphasised that the interviewee had been kept at CIA Staff Kharar for an extended period, necessitating multiple remands, and urged the court to see if this was a deliberate attempt to hold him for extraneous reasons rather than for legitimate investigative purposes.

The case has been adjourned, with a new hearing date set for October 15, by which time the state is required to provide the necessary affidavits and clarifications.

The bench in December last had directed the registration of two FIRs to be probed by SIT while observing that the interviewee was involved in 71 cases in Punjab and convicted in four matters, including offences under Unlawful Activities (Prevention) Act, 302 of the IPC and extortions. He was justifying target killings and his criminal activities, while reiterating and justifying threat to a film actor.

The trials were underway in a large number of cases and attempt to project his persona as larger than life could influence the witnesses. “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 conduct of the interviews is an apparent jail security breach and violation of the Prisons Act. The interviews have been telecast for the last nine months and are available on public domain,” the bench had added.