TMI Blog2020 (12) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... es 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. 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 especially when the case happens to be such where the accused has played a role in the back stage. However, at the same time keeping in view the apprehension of the petitioner, who is involved in large number of cases, it certainly 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. 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 - Petition disposed off. - CRWP-6427-2020 and CRWP-10369-2020 (O&M) - - - Dated:- 21-12-2020 - Gurvinder Singh Gill, J. For Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unjab, Haryana and Rajasthan and that the said involvement 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. It is averred that the petitioner had been nominated as an accused in FIR No. 36 dated 5.3.2015 registered at Police Station Sadar Fazilka, District Punjab wherein during the course of proceeding of a bail application filed by him in this Court, an affidavit was furnished on behalf of the State wherein it was deposed that the petitioner is involved in as many as 19 FIRs. 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. 5. The State of Haryana in CRWP 6427 of 2020 has filed reply by way of affidavit of Shri Kuldeep Beniwal, Deputy Superintendent of Police, Dabwali, District Sirs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 31.5.2020 registered at Police Station Sector 34, Chandigarh, FIR No. 103 dated 3.6.2020 registered at Police Station, Sector 34, Chandigarh, FIR No. 201 dated 16.10.2020 registered at Police Station, Sector 34, Chandigarh and FIR No. 315 dated 13.10.2020 registered at Police Station, Sector 39, Chandigarh. Paras 6 and 7 of the said affidavit pertaining to arrangements proposed to be made read as follows:- 6. Be that as it may, in order to allay the apprehensions of the petitioner, the Chandigarh Police will make the following arrangements to bring the petitioner from the Central Jail, Ajmer to Chandigarh. TENTATIVE DEPLOYMENT PLAN WITH HARDCORE UT POLICE FORCE 1. Deputy Superintendent of police 01 2. Inspectors 02 3. Non Gazetted Officers/ORs 17 TOTAL 20 SEQUENCE OF PILOT AND ESCORT PARTY 1. Pilot (Bolero/Gypsy) Inspector-Ol NGO-OI ORs-04 (Trained commandos equipped with sophisticated arms and ammunitions) 2. Prisoner Van ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ossible to effectively investigate the matter and reach at just conclusion. Mr. Deepak Sabherwal, Addl. A.G., Haryana and Mr. A.M. Punchhi, PP, U.T., Chandigarh have both submitted that the respective Governments undertake to make all necessary arrangements for ensuring a safe transit of the petitioner and that no harm whatsoever shall be caused to the petitioner. 10. I have considered rival submissions addressed before this Court. 11. Needless to mention, interrogation is an effective tool available with an Investigator. It is an indefeasible right of the police to interrogate an accused to unearth the truth especially when direct evidence is not available or the modus operandi of the commission of offence is such that there are certain hidden facts which are required to be brought to surface. No doubt, the Courts in the present times have been relying upon video conferencing for the conduct of proceedings of the Court but interrogation of an accused, though possible through video conference, will loose much of its effectiveness when the accused is sitting far far away from the investigator/interrogator. During the course of interrogation, an Investigator would put several q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oward incident. iii) The accused shall be brought in a bullet-proof or armoured vehicle duly escorted by armed trained commandos, armed with sophisticated arms and ammunition. iv) Since the petitioner himself wishes to be brought duly handcuffed, it is directed that 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. v) The police before proceeding to Rajasthan shall intimate the Rajasthan Police so that adequate arrangements are made by the Rajasthan police for a safe transit and there is effective coordination between the police of both the States regarding the safest route to be taken and in case required to isolate the intersections or restrict the usage for a limited period when the convoy of the police is to pass through that route. It 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. vi) After the Chandigarh police has produced th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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