Supreme Court Expresses Dissatisfaction At Rajasthan Police For Not Suspending Officers Accused Of Torturing Witness

The Bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing the petitioner-accused's challenge to a Rajasthan High Court order declining bail when it noted that though the prosecution witness in question leveled serious allegations against state officials, she was not declared hostile.

While perusing the deposition(s), the Court was shocked at the allegations leveled by PW-2 against state officials. As per the deposition, the witness, who was around 14 years old, was beaten by policemen and was compelled to confess that she was the one who shot the deceased.

“The policemen gave me a pistol and asked me show how it fires. I was scared. After interrogating the police took me to the police station. There they beat me and said tell that you are the one who shot your mother. Then I was sent back home at 7:30 in the night.”

Noting that there was not only serious misconduct but also offence has been committed by police personnel, DGP was directed to immediately initiate an inquiry and take action. A detailed story on this can be read here.

Today, the Counsel, appearing for the State, informed that an FIR has been registered against those police officers, and departmental proceedings have also been initiated.

Following this, Justice Oka inquired: “Those police people continue to be in service?.” The reply came in the affirmative.

When the counsel said that the FIR had been registered, Justice Oka swiftly asked, “So, there is no power vested in you to suspend.?...your own witness says this. After that police took me to the police station, they beat me. Now, still those police officers continue to be in service.”

Moving forward with the hearing, the Court asked the Counsel to hand over the report and remarked “We will ask the DGP to remain present personally. If he has taken so casually, we will ask him remain present personally through VC. How these people can continue to discharge duties as policemen?”

Thereafter, the Counsel averred that all possible actions were being taken and added, “We will suspend them as well.”

When Counsel said that we had taken serious note of the Court's order, Justice Oka was quick to reply, “You must take serious note of what is happening in your police stations, not our order.”

Ultimately, the Bench posted the matter on May 13 for examining the report mentioned above and marked:

“The learned counsel appearing for State has produced for perusal, the report of the DGP. We permit him to file the same in the Court. Prima facie we are not satisfied with the action taken by the DGP. List on May 13, to enable us to peruse the report and pass the order.”

Case Title: Ramveer v. The State of Rajasthan, Criminal Appeal No. 1441/2024