Allegations Of Police Shielding Gangster Raise 'Alarming Systemic Failure': Rajasthan High Court Seeks DGP's Intervention

While terming it a “systemic failure”, Rajasthan High Court expressed concern over the allegations of a gangster operating under the instructions of a Police officer and threatening the Petitioner who had lodged a complaint against the cop for abuse of official authority by detaining and assaulting her and her family.

The bench of Justice Farjand Ali observed that when the protector became the destructor, people's confidence in the system shattered, and there was a risk of complete collapse of the institutional framework meant to uphold law.

“…State cannot remain a mute spectator when credible threats to life are brought to its notice.”

The Court was hearing a criminal writ petition filed by the petitioner who had filed a case against certain police officials after petitioner's family members were wrongfully arrested by the respondents in 2016.

It was alleged that the accused-police officials, were persistently intimidating and obstructing the petitioners from appearing before the trial court as witnesses and forcing them to enter into a compromise. It was further submitted that time and again the petitioners were threatened by a gangster seeking withdrawal of the criminal proceedings against the respondent.

The petitioner argued that despite approaching the Inspector General, and the Director General of Police, for protection, no steps were taken by the authorities. Hence, petition was filed before the Court seeking protection of life and liberty, and directions against erring officials who failed to extend protection mandated by Article 21, thereby forcing petitioner to live in constant fear.

After hearing the contentions, the Court highlighted that the police authorities had themselves admitted the fact that threats were extended to the petitioners by a criminal/gangster. It was observed,

“Once such a serious fact stands acknowledged by the State machinery, the obligation cast upon the police authorities does not remain discretionary but becomes imperative, immediate, and enforceable in law. In Such circumstances, the Superintendent of Police concerned is duty bound to take prompt, effective, and meaningful steps to neutralize the threat perception, failing which the said authority shall be answerable for the consequences that may ensue, including any harm caused to the petitioners or their family members.”

The Court stated that the allegations involving operations of a gangster at the directions of a police officer raised alarming question of systemic failure. In this light, the Court directed the Superintendent of Police to provide adequate protection to the petitioner and their family members.

Further DGP was directed to look into the matter seriously and not treat the allegations in a mechanical manner. The Home Secretary and DGP, Jaipur were directed to pass appropriate orders in this regard, and conduct an impartial inquiry by appointing a senior officer.

The Court also directed the concerned respondent to remain entirely disengaged from the petitioner and their family members to prevent any possibility of undue influence on the investigation.

Accordingly, the petition was disposed of.

Title: Altaf Bano & Ors. v State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 111

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