Advocates and Police are Two Limbs of Same Justice Delivery System: Rajasthan HC Slams Police After Lawyer Assault

The Rajasthan High Court has taken suo motu action after a viral video showed a lawyer being assaulted by a Jodhpur SHO, stressing that advocates and police are essential partners in the justice system and must work with mutual respect.

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Advocates and Police are Two Limbs of Same Justice Delivery System: Rajasthan HC Slams Police After Lawyer Assault

RAJASTHAN: In a crucial step toward strengthening harmony between law-enforcement agencies and the legal fraternity, the Rajasthan High Court has taken suo motu cognizance of a viral incident involving the manhandling of an advocate by a Station House Officer (SHO) in Jodhpur. The Court emphasized immediate institutional reforms and directed the creation of Coordination Committees in every district to prevent such conflicts in the future.

The case was heard by a Division Bench led by Acting Chief Justice Sanjeev Prakash Sharma and Justice Baljinder Singh Sandhu.

Background

The suo motu proceedings began after Senior Advocate Dr. Sachin Acharya, Member of the Bar Council of Rajasthan, mentioned a news report published in Dainik Bhaskar about the misconduct.

The incident involved Advocate Bharat Singh Rathore and his wife, both practicing lawyers, who accompanied a rape survivor to Police Station Kudi Bhagtasani, Jodhpur. They objected when they saw a person in civilian clothes recording the victim’s statement without proper legal procedure. When they raised concerns, the SHO allegedly:

  • Misbehaved with and assaulted the advocate
  • Locked him inside a room
  • Told the victim not to protest
  • And a lady constable attempted to remove his wife from the premises

A video of this confrontation went viral and was shown in court.

Court Summons Police Officials

Taking serious note of the situation, the Bench summoned:

  • Commissioner of Police, Jodhpur – Mr. Om Prakash
  • Deputy Commissioner of Police (West)
  • Additional Deputy Commissioner of Police

The Commissioner acknowledged the misconduct and assured that an internal inquiry and departmental action would be launched immediately.

The Court remarked:

“The video reflects that the concerned SHO has actually misbehaved and needs to be trained for soft skills.”

Court’s Observations

The High Court stressed that hostility between lawyers and the police undermines the justice delivery mechanism.

The Bench stated:

“Advocates and police personnel are two limbs of the same justice delivery system… there should be mutual respect and mutual cooperation between the two.”

It further noted that while the police often deal with hostile situations and must act firmly with accused persons, the same behavior cannot be justified when interacting with advocates performing their professional duties.

Referring to the precedent set in Bharat Yadav v. State of Rajasthan (2019 SCC OnLine Raj 782), where similar problems were identified, the Court reinforced the need for Coordination/Grievance Redressal Committees.

The Committees should include:

  • A representative of the local Bar Association
  • A judicial member
  • A senior police official

The Court noted that although such committees were previously directed to be constituted, they were not functioning effectively.

Directions Issued by the High Court

The High Court issued several crucial directions:

  • Coordination Committees to be formed afresh in every district to improve communication between police and lawyers and prevent similar disputes.
  • Details of these Committees must be submitted to the Court before the next hearing.
  • Immediate departmental action is to be taken against the offending police officials, and the progress report must be filed by the same evening.
  • The Commissioner was directed to coordinate with the Police Academy to ensure statewide soft-skill and behaviour training programs for police personnel to avoid recurrence of such incidents.
  • The matter has been registered as a Public Interest Litigation (PIL) and is listed for further hearing on December 8, 2025.
  • A copy of the order has been forwarded to the Director General of Police (DGP).

Case Title:
Rajasthan High Court Advocates’ Association, Jodhpur through the Secretary & Ors. Versus State Of Rajasthan through the Secretary & Ors.
D.B. Civil Writ Petition No. 23646/2025

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Aastha

B.A.LL.B., LL.M., Advocate, Associate Legal Editor

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