BREAKING NEWS| Lawrence has not met a single person for 14 months, days are being spent in solitude in Sabarmati Jail

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The Legal Shield Around Lawrence Bishnoi: A Complex Web of Legal Provisions

Lawrence Bishnoi, one of the most notorious figures in India’s criminal world, has been the center of attention for law enforcement agencies across the country. With over 79 cases registered against him in states like Delhi, Haryana, Uttar Pradesh, Rajasthan, Madhya Pradesh, West Bengal, Maharashtra, and Gujarat, Bishnoi has proven to be a tough case for the authorities. However, a recent legal twist has made it even harder for the police to take action against him.

In August 2023, the Gujarat ATS successfully managed to bring Lawrence Bishnoi from Bathinda Jail to Sabarmati Jail in Ahmedabad, using the provisions of the Criminal Procedure Code (CrPC) Section 267. This section allows the police to transfer a prisoner from one state to another for trial or interrogation, provided they get permission from the court. Gujarat ATS’s move was a big victory, as it allowed them to interrogate Bishnoi and bring him under their jurisdiction.

The Block: CrPC Section 268

While CrPC Section 267 permits such transfers, CrPC Section 268 acts as a significant barrier. Shortly after Bishnoi was transferred to Sabarmati Jail, the Home Ministry of India, led by Amit Shah, invoked CrPC Section 268, which restricts the movement of certain prisoners. The moment this section was applied to Bishnoi, it effectively prevented any other state from transferring him out of Sabarmati Jail. This legal provision was invoked by the Ministry in August 2023, just after Bishnoi arrived at Sabarmati Jail.

CrPC Section 268 gives the government the power to prevent the movement of a prisoner if it believes that such a transfer would pose a threat to public safety, law and order, or be against public interest. The application of this section in Bishnoi’s case has left police forces across multiple states helpless, as they are unable to interrogate or bring him to their courts. This legal shield will remain in place at least until August 2025.

The Three Conditions of CrPC Section 268

Section 268 sets three main conditions under which it can be applied:

The Prisoner Must Be Convicted or Accused of a Crime: Bishnoi fulfills this condition, as he has numerous charges against him and is currently imprisoned.
Transfer May Threaten Law and Order: Given Bishnoi’s notoriety and influence, law enforcement agencies fear that his movement could lead to a breakdown in law and order. His outside presence might incite violence, unrest, or retaliation from rival gangs or his supporters.
Public Interest: Media trials, public attention, and high-profile nature of his cases could further complicate matters. His movement could create chaos, attracting crowds, media attention, and other disruptions.

The Road Ahead: Legal Options for Police

With CrPC Section 268 in place, police forces in states like Delhi, Haryana, Rajasthan, Uttar Pradesh, and Maharashtra, where Bishnoi faces numerous cases, are left with very few options. They cannot physically bring him to their states for questioning or trial. However, Section 268 does offer a solution: police can interrogate Bishnoi within the Sabarmati Jail itself. For this, they need to seek permission from the court, present their case to the jail authorities, and conduct the interrogation in a controlled environment within the prison. Additionally, video conferencing has emerged as a viable alternative for presenting Bishnoi in court, allowing trials to continue without transporting him outside the jail.

The Impact of 268 on Other High-Profile Cases

The application of CrPC Section 268 has not only impacted Bishnoi but also raised questions about its broader use in high-profile criminal cases. For instance, in the case of Baba Siddiqui’s murder, which is under investigation by the Mumbai Police, Bishnoi’s involvement has been speculated, but his name has not yet been included in the legal documents due to lack of concrete evidence. Even if Mumbai Police decides to name him, they will still be unable to bring him out of Sabarmati Jail for questioning. The same goes for other serious cases like the shooting outside Salman Khan’s Galaxy apartment in April 2023, where Bishnoi is named as a prime suspect.

The Next 10 Months: What Lies Ahead for Lawrence Bishnoi

Lawrence Bishnoi has been inside Sabarmati Jail for 14 months, and according to current legal provisions, he will remain there for at least 10 more months until August 2025. During this time, no state police force will be able to remove him from Sabarmati Jail. Bishnoi’s “permanent address” for this period will remain Sabarmati Jail, and all investigations or legal proceedings involving him will need to take place either within the jail premises or via video conferencing.

Conclusion: A Legal Paradox

Lawrence Bishnoi’s case has become a legal paradox where CrPC Section 267 allows police forces to interrogate and prosecute a criminal, but Section 268 restricts their ability to do so. The Home Ministry’s invocation of this provision has, in effect, created a shield around Bishnoi, making him almost untouchable for law enforcement agencies across the country. For the next 10 months, at least, the question remains: how will states handle the 79 pending cases against him without being able to physically interrogate or present him in their courts?