The state is constitutionally mandated to implement structural reforms in law enforcement, particularly by bifurcating investigative and law-and-order functions to improve investigation quality, enhance conviction rates, and safeguard the fundamental right to a speedy and fair trial.

Order :

ANOOP KUMAR DHAND, J.

1. On the last occasion, when the case was listed before this Court on 27.04.2026, the following order was passed:-

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3. This Court has noticed and felt on various occasions that the investigation of several criminal cases could not be completed expeditiously and the same have remained pending for a considerably long time because in many cases, the same Investigating Officer, who has been assigned the task to investigate the matter has also been assigned other duties of maintaining law and order in the concerned area. Under these circumstances, it becomes very difficult for such Investigating Officers to discharge both the duties simultaneously.

4. For separation of investigation work from law and order, even the Law Commission of India in its 154^th Report has recommended such separation to ensure speedier investigation, better expertise and improved rapport with the people without, of course, any watertight compartmentalisation in view of both functions being closely interrelated at the ground level.

5. In discharge of its constitutional duties, this Court deems it just and proper to observe that certain directions are required to be issued to the State Government for separation of two wings, i.e., one wing for investigation and the other wing for maintaining the law and order, so that no delay occurs in conducting the investigation and arriving at its conclusion.

6. The Investigating police shall be separated from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people. There should be full co-ordination between these two wings. The separation, to start with, may be effected in towns/urban areas which have a population of ten lakhs or more and gradually extended to smaller towns/urban areas as well.

7. Whatever has been observed by this Court hereinabove has already been examined by the Hon’ble Apex Court in the case of Prakash Singh & Others Vs. Union of India and Others reported in (2006) 8 SCC 1, wherein several directions have been issued to the Central Government as well as the State Governments by the Hon’ble Apex Court for framing of appropriate legislation, policy etc. for separation of investigation from the police wing for maintaining law and order.

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9. More than two decades have elapsed since order was passed by the Hon’ble Apex Court in the case of Prakash Singh (supra) and even after passing of more than two decades, i.e., 20 years, till date the Government of Rajasthan has not formulated/enacted any appropriate legislation/policy for creation of two separate wings of Police so also in the light of the letter dated 27.04.2022 issued by the Ministry of Home Affairs, Government of India. The direction issued in the case of Prakash Singh (supra) with further reiteration by the Hon’ble Apex Court in the case of Pramod Kumar Vs. Bihar Vyavasayik Sangharsh Morcha reported in AIR 2007 SC 2948 requires to be implemented at the earliest to avoid any such delays in conducting investigations and bringing forward the conclusions.

10. In the case of Prakash Singh (supra), the Hon’ble Apex Court has issued clear and specific directions to the Central as well as the State Governments to bring appropriate legislation by way of bringing new Police Act for separation of investigation work from law and order. Even the Hon’ble Apex Court, after studying various committee reports on police reforms has laid down certain directions in the nature of police reforms to be operative unti