Challenge against the dismissal of prayer for quashing the history sheet opened against him
2. The appellant approached the High Court of Delhi 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. The Single Judge of High Court has, vide the impugned judgment dated 19.01.2023, dismissed the appellant’s writ petition, giving rise to these proceedings.
History sheet contains the details of the family members of the appellant
3. Upon notice, the Delhi Police entered appearance through Mr. Sanjay Jain, learned senior counsel, who was apprised of some disturbing contents of the History Sheet to the extent it pertained to the school going minor children of the appellant and his wife, against whom there was apparently no adverse material whatsoever for inclusion in the History Sheet. It was then apprised that the format of the history sheeters was prescribed following Rule 23.8 and Rule 23.9 of the Punjab Police Rules 1934 (in short, the “1934 Rules”) as were applicable in the NCT of Delhi. Mr. Jain, learned senior counsel for the respondents, however, fairly agreed to re-visit the archaic rules with a view to ensure that the dignity, self-respect and privacy of the innocent people, who incidentally happen to be the family members of a suspect, is not compromised at any cost.
It is not stated in the amending Standing order that minor relatives shall be recorded in the history sheet
6. We find from the amended Standing Order that in the column “relations and connections”, it has been decided that identities of only those persons shall be reflected who can afford the history sheeter/bad character shelter, when the offender is running/wanted by the police and it shall also include names of his associates in crime, abettors and receivers. The amended Standing Order emphatically says that no details of any minor relatives, i.e., son, daughter, siblings shall be recorded anywhere in the History Sheet unless there is evidence that such minor, has or earlier had, afforded shelter to the offender.
Section 74 of the Juvenile Justice Act, 2015 not followed
7. Secondly, the amended provision now mandates that Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015 shall be meticulously followed, whereunder there is a prohibition on disclosing the identity of a child in conflict with law or a child in need of care and protection or a child victim or a witness of a crime through a report etc.
Directions to the commissioner of police to periodically audit and delete the names prescribed
11. In addition, we also direct 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.
12. It goes without saying that 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.
Apex court exercised the its suo motu powers to expand the aforesaid directions to all the States and Union Territories
14. Having partially addressed the grievance of the appellant, we now, in exercise of our suo motu powers, propose to expand the scope of these proceedings 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 belonging 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.
18. 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.
Party
AMANATULLAH KHAN …APPELLANT VERSUS THE COMMISSIONER OF POLICE, DELHI & ORS. …RESPONDENTS – CRIMINAL APPEAL NO. OF 2024 (Arising out of SLP (Crl.) No.5719/2023) – 2024 INSC 383 – May 7, 2024
