Rohit Shetty firing case: Why Bishnoi brothers remain out of Mumbai Police custody
A legal bar under the Bharatiya Nagarik Suraksha Sanhita allows the Centre to block their transfer from prison, limiting interrogation even when the gang is blamed for high profile shootings in Mumbai.
The Mumbai police or for that matter several state police forces across the country are in a peculiar position where they cannot take custody of the alleged main conspirator of the crime taking place in their jurisdiction when it comes to the Bishnoi gang.
In the firing outside director Rohit Shetty’s residence on Sunday, a social media account allegedly linked to the Bishnoi gang has claimed responsibility. There are bleak chances that the Mumbai police may get access to the Bishnoi brothers lodged in prisons in the country this time around as well.
In the firing outside the residence of actor Salman Khan outside Galaxy apartments in Bandra on April 14, 2024, the Mumbai Police in their chargesheet named Lawrence Bishnoi as the conspirator. He was named as an “absconding accused” in the chargesheet.
Usually, absconding accused are those who are at large and enforcement agencies are looking for them. In this instance, Bishnoi was lodged at Sabarmati prison but the police did not get access.
In the case of the killing of NCP leader Baba Siddique outside his son’s Bandra office on October 12, 2024, the Mumbai Police in its chargesheet has named Lawrence’s younger brother Anmol as a wanted accused in the case.
While he was at large over the past few years suspected to be moving between Canada and the US, he was deported to India in November last year. So far however, the Mumbai Police has not been able to get his custody.
The same story is likely to unfold in the current case if the police find the involvement of the Bishnoi gang which has been claimed by a social media account that claimed to be belonging to Shubham Lonkar, an aide of the Bishnoi gang.
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The reason why the Mumbai police has not been able to question them is the imposition of section 303 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), by the Ministry of Home Affairs (MHA). As per the section, both the Central government in cases instituted by central agencies like the NIA, and state governments can “by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force.”
Section 303(2) of the BNSS specifies three criteria for invoking the section including the nature of the offence for which the person or persons has been ordered to be confined or detained in prison, the likelihood of the disturbance of public order if they are allowed to be removed from the prison, and the public interest, generally.
Investigating agencies have argued in the past that interrogating a person in jail can be limiting, as only one or two officials may be permitted to question the person for a few hours or a specific period. Other accused persons cannot be brought in during the interrogation.
An officer from Mumbai Police said, “When we identified the role of Lawrence Bishnoi in the Salman Khan firing case, he was already in Sabarmati prison. Attempts were made to question him but due to legal constraints, we could not get his custody. A month after Anmol was deported to India and lodged in Tihar jail, the section was invoked in his case as well.”
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Sources said that the decisions are taken by officials in the Ministry of Home Affairs keeping in mind provisions of the law.
Mohamed Thaver is a highly specialized journalist with the Expertise and Authority required to report on complex law enforcement and legal issues. With a career dedicated to the crime beat for over a decade, his work provides readers with informed and trustworthy insights into Maharashtra's security and justice systems.
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Core Focus: Has been exclusively covering the crime beat for over a decade, building deep, specialized knowledge in the field.
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Key Beats:
Law Enforcement: Reports on the operations of the Maharashtra Police and the Mumbai Crime Branch.
Policy & Administration: Covers the Maharashtra Home Department, focusing on policy matters related to handling law and order and the evolution of the police force.
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Specialized Interest (Cyber & Forensics): Demonstrates Expertise in modern investigative techniques, with a keen focus on cyber crime and forensics, reporting on how these technologies assist complex crime investigations.
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Mohamed Thaver’s long-standing specialization in the crime beat—combined with his focus on technological aspects like cyber crime and his direct coverage of major institutions like the Mumbai Crime Branch and the Maharashtra Home Department—underscores his Trustworthiness and status as an expert source for detailed and reliable journalism on law and order.
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