Supreme Court Shocked By Rajasthan Police's 'Shielding' Of Maharashtra Police Officer In Criminal Case; Orders DGP To Form SIT
The Court said that the Rajasthan police's conduct was unbecoming of a police force.
In a case seeking transfer of a contempt petition from Rajasthan to Delhi, the Supreme Court recently passed a strongly worded order against the Rajasthan police, being of the view that a police officer belonging to Maharashtra was being "shielded".The Court ordered the Director General of Police, Rajasthan to constitute an impartial high-powered Special Investigation Team of "proven...
In a case seeking transfer of a contempt petition from Rajasthan to Delhi, the Supreme Court recently passed a strongly worded order against the Rajasthan police, being of the view that a police officer belonging to Maharashtra was being "shielded".
The Court ordered the Director General of Police, Rajasthan to constitute an impartial high-powered Special Investigation Team of "proven competence" to investigate the case and submit the final report.
A bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra was dealing with the case of a woman-complainant who, in 2017, approached the Rajasthan High Court alleging that she was being stalked by respondent No.8, and respondent No.9 (a police officer in Maharashtra) was assisting respondent no.8. She sought protection against the two respondents.
In 2018, the High Court disposed of the matter, taking note of the authorities' submission that negative final report had been submitted. At the same time, the Court directed the authorities to take special care to ensure that the petitioner was not harassed. In case of any violation of her rights by the respondents, the petitioner was further given liberty to again approach the High Court.
Subsequently, the petitioner filed a contempt petition, alleging breach of the High Court order. In 2024, she approached the Supreme Court seeking transfer of the contempt case from Rajasthan to Delhi.
Recently, the top Court noted that the police filed a final report in the complainant's case but the Magistrate differed therefrom and ordered re-investigation. The re-investigation report was to be submitted by November 29, however, according to the petitioner, the Investigating Officer was non-responsive.
"a final report was submitted to the Court concerned and the Court differed from the same and directed for re-investigation, which means that a judicial Court after applying its judicial mind has come to the conclusion that the final closure report submitted by the police could not be relied upon."
Based on the material before it, the Court opined,
"we find it to be a case where the police of Rajasthan has acted in a manner unbecoming of a police force. There is a strong indication that the concerned respondent, who is a police officer in Maharashtra, is being shielded...We are not only alarmed, but rather shocked by this conduct of the authorities."
Considering the petitioner's stance about the IO's non-responsiveness, the Court assumed where the re-investigation, like the initial investigation, was heading. Accordingly, it directed the state DGP to form an SIT within 2 days.
The Court added that the SIT's report shall be the responsibility of the DGP and any laxity or connivance would be a direct comment on them. It also said that any disobedience with the order, in letter or spirit, will entail serious consequences.
"We make it clear that if we find any slackness or connivance or otherwise of any extraneous influences in the investigation, it shall be directly a comment on the Director General of Police, Rajasthan."
A compliance report is to be filed by the State DGP by November 24, failing which they shall personally remain present in Court on the next date.
Case Title: SITWAT QAZI v. STATE (GOVT. OF RAJASTHAN), T.P.(C) No. 2623/2024