When Protectors Turn Predators: Rajasthan HC Cracks Down on Alleged Police-Gangster Nexus

In a scathing indictment of potential police-criminal collusion, the Rajasthan High Court at Jodhpur has directed immediate protection for a Bikaner family facing gangster threats to drop a case against a police officer. Justice Farjand Ali, in a February 6, 2026 order ( 2026 LiveLaw (Raj) 111 ), invoked Article 21 to mandate state action, warning of a "systemic failure" if cops shield criminals.

Roots of Retribution: A 2016 Arrest Gone Wrong

The saga began in 2016 when family members of lead petitioner Altaf Bano were allegedly illegally arrested by then-police officer Sanjay Bothra (now DYSP in Ajmer) without due process . When Altaf sought answers at Kotgate police station, she and relatives faced brutal assault. She filed a complaint, leading to cognizance by the Chief Judicial Magistrate, Bikaner on September 27, 2018 . Bothra challenged this, but the High Court upheld proceedings in a January 10, 2025 order. As prosecution evidence loomed, threats escalated.

Gangster Calls and Police Silence: The Petitioners' Desperate Plea

Petitioners Altaf Bano, sons Javed Khan Panwar and Imran Khan, and Foroj Khan argued that Bothra, fearing trial, unleashed a notorious gangster, Rohit Godara. From December 20-29, 2025 , Godara bombarded Imran via WhatsApp (+35192464922) demanding case withdrawal, with threats of "dire consequences." Despite representations to the IG and DGP on January 1 and 5, 2026 , no protection or FIR followed. They invoked Article 21 , citing Lata Singh v. State of U.P. (AIR 2006 SC 2522) for the state's duty to protect lives amid real threats, accusing authorities of apathy subverting justice.

State counsel, via Deputy Government Advocate N.S. Chandawat , submitted a factual report admitting the threats but offered no counter on protection lapses. The court noted police acknowledgment made action "imperative, immediate, and enforceable."

Unpacking the Alarm: Court's Razor-Sharp Reasoning

Justice Ali dissected the rot: a police report confirming gangster threats triggered non-discretionary duties. He drew on Lata Singh to affirm Article 21 's positive obligation on the state against known dangers. The court refrained from prejudging Bothra—denying him a hearing—but flagged the "disturbing" claim of a cop deploying a gangster as an existential threat to rule of law . No other precedents were cited, but the logic echoed Supreme Court mandates on witness protection amid intimidation.

Allegations painted Bothra as orchestrating obstruction at trial's evidence stage, forcing constant fear on the family. The judgment integrated police admissions to underscore urgency, terming inaction an "abdication of statutory duty."

Echoes from the Bench: Unforgettable Lines

"Once such a serious fact stands acknowledged by the State machinery, the obligation cast upon the police authorities does not remain discretionary but becomes imperative, immediate, and enforceable in law."

"When the protector becomes the destructor, the confidence of the public in the system stands shattered, and the institutional framework meant to uphold law and order risks complete collapse."

"A democratic society governed by the rule of law cannot afford a situation where those entrusted with the duty to protect citizens are perceived as agents of intimidation and fear."

"State cannot remain a mute spectator when credible threats to life are brought to its notice."

Fortress of Justice: Directives and Ripples Ahead

The court disposed of the writ (S.B. Criminal Writ Petition No. 229/2026) with binding orders:

  • SP Bikaner : Immediate, continuous protection for petitioners and kin.
  • DGP Jaipur : Serious probe, no mechanical handling.
  • Home Secretary & DGP : Impartial inquiry by senior officer; Bothra disengaged from petitioners, barred from contacts tainting the process.

This ensures trial integrity while signaling zero tolerance for badge-wielding bullies. Future cases may cite it for swift safeguards against admitted threats, bolstering witness security and deterring official overreach. For families like Altaf's, it's a lifeline; for the system, a wake-up call.