Police shielding of individuals - Supreme Court Directed a high-powered Special Investigation Team to investigate

Supreme Court Orders Formation of High-Powered SIT to Investigate Allegations of Police Misconduct in Rajasthan Apex Court Directs DGP Rajasthan to Ensure Unbiased Investigation; Warns of Serious Consequences for Non-compliance

In a significant development, the Supreme Court of India has directed the Director General of Police (DGP) of Rajasthan to constitute a high-powered Special Investigation Team (SIT) to probe allegations of police misconduct and shielding of individuals in a case involving a police officer from Maharashtra. The direction comes amidst serious concerns regarding the conduct of the Rajasthan police, highlighted during a hearing on a transfer petition filed by Sitwat Qazi.

The petitioner, who appeared in person, sought the transfer of a criminal complaint from the High Court of Rajasthan to the High Court of Delhi. However, the Supreme Court, while refraining from making a decision on the transfer request, expressed alarm at the apparent bias and inefficacy in the ongoing investigation. The Court noted that a judicial directive for re-investigation had been issued after the initial closure report by the police was found unreliable by the concerned judicial authority.

Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra, presiding over the case, underscored the necessity of an unbiased investigation. They mandated the formation of an SIT of proven competence, unaffected by any external influence or position held by individuals involved. The responsibility for overseeing the SIT's investigation and report has been placed squarely on the shoulders of the Rajasthan DGP, with the Supreme Court warning of serious repercussions in the event of non-compliance or evidence of undue influence.

The Court has also specified that the investigating officer is not to submit any final report, which will instead be the prerogative of the newly formed SIT. The DGP has been instructed to ensure the SIT's establishment within two days, with an up-to-date status report to be submitted to the Court by December 2, 2025, under sealed cover. Furthermore, any failure to comply with the Court's orders will require the personal appearance of the DGP in court.

This directive from the Supreme Court highlights its commitment to upholding justice and ensuring the integrity of law enforcement processes. The Court's intervention aims to restore public confidence and ensure a fair investigation, free from any bias or external pressures.

Statutory provision(s): Transfer Petition (Civil) No. 2623 of 2024, Allegations of police misconduct, Formation of SIT, Judicial directive for re-investigation, Compliance report, Supreme Court Order

Sitwat Qazi v. State (Govt. of Rajasthan), (SC) : Law Finder Doc Id # 2811853