While considering a delay of almost 2 years in completion of investigation in a case under the SC/ST Act, Rajasthan High Court directed filing of affidavits by all the former investigating officers, explaining the reason behind failure to adhere to the 60 days' time-line as per the Act.

The bench of Justice Shubha Mehta further directed the concerned authorities referred to under Rule 7(3) of the SC/ST (Prevention of Atrocities) Rules, 1995 (“Rules”) to explain the reasons behind non-compliance with the review mechanism prescribed under the Rules.

Rule 7(3) of the Rules provides for a mandatory quarterly review of the status of investigations conducted by the investigating officers under the Act, involving high-ranking state officials.

For context, the Court was hearing a petition seeking fair investigation. It was the case of the petitioner that an FIR was lodged by him in Bharatpur in 2024, under IPC, alleging assault and attempt to murder, as well as the SC/ST Act. A counter FIR was also filed by the accused at the same police station.

However, despite passing of more than 2 years, the result of investigation had not been filed. It was further submitted that the Investigating Office in the case was changed 5 to 6 times till yet, and the petitioner was repeatedly called by every newly appointed IO for verification, which was harassing for him.

The petitioner argued that as per Rule 7(2) of the Rules, the charge sheet in relation to the cases under the Act had to be filed within 60 days for filing of the FIR. In case of any delay, the IO had to record reasons in writing. Further, as per Rule 7(3) of the Rules, there had to be a periodic review of all pending investigations after every 3 months.

However, as contended, no charge sheet was filed within the prescribed timelines, neither any reason for delay was explained.

It was submitted by the present IO in the matter, who was appointed on July 23, 2026, that a factual report had been submitted before the concerned court in the matter, and the result of investigation shall be submitted within 2 weeks.

After hearing the contentions, the Court expressed its concerns over the fact that despite completion of almost 26-27 months, the investigation in the matter was still incomplete, and no proper reason was demonstrated for the same.

While opining that the reasons behind such delays could only be explained by the former IOs in the case and their supervisory authorities, directions were issued, as aforementioned, for filing of respective affidavits on the next hearing date.

The matter shall be next heard on September 7, 2026.

Title: Jitendra Kumar v State of Rajasthan & Ors.

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