Before approaching the Supreme Court, Amanatullah Khan, the appellant had approached Delhi High Court through a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for quashing of the ‘History Sheet’ opened against him and the proposal to declare him as ‘Bad Character’ with the entry of his name in the Surveillance ‘Register-X, Part II, Bundle A’ at Police Station Jamia Nagar, District: South-East, Delhi. Judge Sudhir Kumar Jain of Delhi High Court had dismissed the appellant’s writ petition by judgment dated January 19, 2023. The High Court's judgement reads: "The present petition is devoid of any merit, hence dismissed. However, the petitioner shall be at liberty to make a representation for deletion/cancellation of his name from Surveillance Register X in accordance with Rules and Law which shall be decided by the respondents in accordance with law without any delay."
The case was filed in the apex court on April 17, 2023. Supreme Court's bench of Justices Surya Kant and K.V. Viswanathan modified the impugned judgment of the High Court by its judgement dated May 7, 2024. It has directed that all the State Governments should take necessary preventive measures to safeguard against inexcusable targeting or prejudicial treatment of individuals from the socially, economically and educationally disadvantaged backgrounds, along with those belonging to Backward Communities, Scheduled Castes & Scheduled Tribes by mechanical entries of innocent individuals in the History Sheet.
Supreme Court has recorded in its judgement that the amended Standing Order No.L&O/54/2022 issued by the Commissioner of Police, Delhi which pertains to ‘Surveillance of History Sheeters and Bad Characters’. The Original Standing order was issued on June 10, 2022 and paragraph 9(2) thereof titled as “Preparation of History Sheet” was replicated from provisions of the Punjab Police Rules, 1934. By the amended Standing Order issued on March 21, 2024, the Commissioner of Police has provided as follows:
“The space for “relation and connection” should be filled in with a view to afford clues about those persons with whom the criminal is likely to harbour when wanted by the police, including relations or friends living at a distance from his home, and his associates in crime, abettors and receivers. It may be noted that the space for “relations and connections” in the history sheet should reflect identities of those persons who can afforded him shelter when the offender is running/wanted by the police (in general) and should include his associates in crime, abettors and receivers (in particular) and no details of any minor relatives i.e. son, daughter, siblings should be recorded anywhere in the History Sheet unless there is evidence that the minor under question can, or has earlier had, afforded shelter to the offender, “while he was on run from police”. While preparing History Sheet, it may also be kept in mind that as per Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015, there is a prohibition on disclosing the Identity of a child in conflict with law or a child in need of care and protection of a child victim or witness of a crime through a report etc. Even though the History Sheet is an internal Police document and not a publicly accessible report, care must be taken that identities of only those minor relatives are entered into the History Sheet against whom evidence exists that minor in question has earlier had, afforded shelter to the offender, while he was on run from police”. In addition to above, the particular nature of each person’s connection should be noted against each, and, when persons shown as connections themselves have history sheets, a cross reference with those History Sheets should be given. Maximum phone numbers/mobile numbers or associates/relatives/acquaintances of BCs should be collected and placed for record. Aadhar Number, EPIC number, e-mail ID, social media accounts/profiles viz, facebook, Instagram ID, Twitter ID etc. to be placed on file. Further mobile numbers & other available details of associates/relatives/acquaintance of BC should be collected and placed on record.”
In view of the above, the Supreme Court directed the police authorities to give effect to is the amended Standing Order dated March 21, 2024 in the appellant’s case as well. It also directed the Commissioner of Police, Delhi to designate a senior police officer, in the rank of Joint Commissioner of Police or above, who shall periodically audit/review the contents of the History Sheets and will ensure confidentiality and a leeway to delete the names of such persons/juvenile/children who are, in the course of investigation, found innocent and are entitled to be expunged from the category of “relations and connections” in a History Sheet. If a Police Officer of Delhi Police is found to have acted contrary to the amended Standing Order and or the directions given herein above, prompt action against such delinquent officer shall be taken.
In exercise of its suo motu powers, the bench of Justices Surya Kant and Viswanathan expanded the scope of the proceedings in para 14-16 of the judgement "so that the police authorities in other States and Union Territories may also consider the desirability of ensuring that no mechanical entries in History Sheet are made of innocent individuals, simply because they happen to hail from the socially, economically and educationally disadvantaged backgrounds, along with those belonging to Backward Communities, Scheduled Castes & Scheduled Tribes. While we are not sure about the degree of their authenticity, but there are some studies available in the public domain that reveal a pattern of an unfair, prejudicial and atrocious mindset. It is alleged that the Police Diaries are maintained selectively of individuals belong to Vimukta Jatis, based solely on caste-bias, a somewhat similar manner as happened in colonial times. All the State Governments are therefore expected to take necessary preventive measures to safeguard such communities from being subjected to inexcusable targeting or prejudicial treatment. We must bear in mind that these pre-conceived notions often render them ‘invisible victims’ due to prevailing stereotypes associated with their communities, which may often impede their right to live a life with self-respect." The Court observed: "The value for human dignity and life is deeply embedded in Article 21 of our Constitution. The expression ‘life’ unequivocally includes the right to live a life worthy of human honour and all that goes along with it. Self-regard, social image and an honest space for oneself in one’s surrounding society, are just as significant to a dignified life as are adequate food, clothing and shelter. It seems that a periodic audit mechanism overseen by a senior police officer, as directed for the NCT of Delhi, will serve as a critical tool to review and scrutinize the entries made, so as to ascertain that these are devoid of any biases or discriminatory practices. Through the effective implementation of audits, we can secure the elimination of such deprecated practices and kindle the legitimate hope that the right to live with human dignity, as guaranteed."
The Court's judgement reads:"We, therefore, deem it appropriate, at this stage, to direct all the States/Union Territories to revisit their policy-regime and consider whether suitable amendments on the pattern of the ‘Delhi Model’ are required to be made so that our observations made in paragraphs 14 to 16 of this order can be given effect in true letter and spirit. The Registry is, accordingly, directed to forward a copy of this judgement to the Chief Secretary and Director General of Police of all States and Union Territories to enable them to consider and comply with what has been held above, as early as possible but not later than six months."
In compliance with these recommendations of the Court, Bengal Police has issued guidelines on "disclosing identities of individuals connected with the offender in the history sheet" on October 24, 2024 before the expiry of six months deadline. This requires amendment in the Police Regulations of Bengal (PRB), 1943. The regulation 401 (a) of PRB states: "History sheets shall contain a short account of the life of the person to whom they relate and all facts likely to have a bearing on his criminal history. They shall be opened only for persons who are, or are likely to become, habitual criminals or the aiders or abettors of such criminals." Other States are yet to comply with the Supreme Court's directions of May 2024.
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