Punjab & Haryana High Court Directs States To Form SOPs For Curbing 'Gangster Culture', Says Judiciary Must Send Strong Message

The Punjab & Haryana High Court has directed the Governments of Punjab and Haryana to frame a Standard Operating Procedure (SOP) to curb gangster culture.

Justice Harpreet Singh Brar said, "The judiciary must ensure that those who engage in such nefarious activities face the full brunt of the law, sending a strong message that such criminality will not be tolerated. This will be a step towards restoring public confidence and protecting the foundations of a law-abiding society."

The Court directed Punjab and Haryana Governments to formulate a Standard Operating Procedure  which should include the following:

i.Creation of dedicated Anti-Gang units, with adequate training and technological support.

ii. Surveillance of known gangsters by taking aid of digital forensic science and monitoring their finances, in tandem with financial institutions.

iii. Since these gangs operate across borders, mechanisms must be put in place to share intelligence between the States of Punjab and Haryana as well as the central agencies, to assist in crime detection.

iv. Establishing an environment of trust is necessary to create a network of informants as well as encourage the ordinary citizens to report incidents. An anonymous reporting service may aid in the same.

v. To further encourage citizens to participate in this war against gangster-culture, a Witness Protection Program must be put in place.

vi. Such matters must also be promptly dealt with on the judicial side to avoid evidence tampering, which maybe done by establishing Fast-Track Courts.

vii. State counsel are also directed to apprise this Court of the pre-existing legal frameworks to deal with the issue in question.

The Court was hearing a protection plea wherein the petitioner allegedly was receiving threat from a Gangster affiliated with Lawrence Bishnoi Gang.

Justice Brar said that the State owes a duty to its citizens to ensure their safety. It is only when security and subsistence are not under threat, can a people truly make progress and build a life for themselves.

In the present case, the Court noted that the petitioner and his family had been living under constant concern for their life owing to the constant threats made by Rohit Godara, a known gangster.

"It is hard to imagine the petitioner getting a good night's sleep in the last year, owing to the immense psychological burden he has been put under," the Court remarked.

The judge noted that Advocate General for Haryana has assured the Court that the representations moved by the petitioner will be looked into promptly and appropriate action will be taken.

Justice Brar highlighted that the story of the petitioner, unfortunately, is one of many. "Gangster culture, particularly in the form of extortion rackets, has emerged as a significant threat to the social order in today's time, fostering an environment of fear and lawlessness."

The glorification of violence, the normalization of criminal behavior, and the recruitment of vulnerable youth into gangs not only perpetuate crime but erode public trust in the justice system. Extortion, a hallmark of their operations, forces individuals and businesses to pay for "protection" or face dire consequences, perpetuating a cycle of fear and lawlessness, added the Court.

The Court also noted the presence of Advocate Generals for the States of Punjab and Haryana as well as Additional Solicitor General, who were requested to assist the Court.

The case is deferred to May 14, or further consideration.

Mr. Gourav Verma, Advocate for the petitioner.

Mr. Parvindra Singh Chauhan, Advocate General, Haryana with Mr. Sukhdeep Parmar, Sr. DAG, Haryana and Ms. Geeta Sharma, DAG, Haryana.

Mr. M.S. Bedi, Advocate General, Punjab with Mr. Subhash Godara, Addl. A.G., Punjab.

Mr. Satya Pal Jain, Additional Solicitor General of India with Ms. Sangeeta Srivastava, Advocate for respondent No.6- UOI.

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