Court Orders Impartial Inquiry and Continuous Protection for Petitioners Alleging Threats from Gangster Supported by Police
In a significant ruling, the Rajasthan High Court, presided over by Justice Farjand Ali, addressed a serious petition concerning threats to life and liberty under Article 21 of the Constitution. The petitioners, led by Altaf Bano, alleged harassment by a gangster purportedly acting under the influence of a police officer, Respondent No.6. The court underscored the fundamental obligation of the state to protect its citizens and issued directions to ensure the safety of the petitioners and their family members.
The matter began in 2016 when the petitioners faced unlawful detention and assault by police officers, leading to a complaint against Respondent No.6. As the case progressed to trial, the petitioners reported coercive attempts by the gangster Rohit Godara to withdraw the case, allegedly on behalf of Respondent No.6. Despite representations to police authorities, the petitioners claimed they received no protection or legal action, compelling them to approach the court.
The court found credible evidence of threats by a hardened criminal, necessitating immediate and effective protection by the state. It expressed concern over allegations of a gangster operating under police protection, which could undermine public confidence in the justice system. While refraining from final judgments against Respondent No.6 without hearing him, the court emphasized the need for a fair and thorough inquiry.
The court directed the Superintendent of Police to provide continuous protection to the petitioners and ordered the Director General of Police and Home Secretary to conduct an impartial inquiry, ensuring Respondent No.6 remains disengaged from the petitioners during the process. These measures aim to uphold the integrity of the inquiry and prevent any undue influence.
This judgment reaffirms the state's responsibility under Article 21 to safeguard life and liberty, highlighting the judiciary's role in maintaining public trust in law enforcement and justice.
Bottom Line:
Protection of life and liberty - Allegations of harassment, intimidation, and threats by police personnel in collusion with a gangster - Directions issued to ensure safety and impartial inquiry.
Statutory provision(s): Article 21 of the Constitution of India, Articles 226 & 227 of the Constitution of India
Altaf Bano v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2873267
