LAWS(SC)-2024-5-31

AMANATULLAH KHAN Vs. COMMISSIONER OF POLICE

Decided On May 07, 2024
Amanatullah Khan Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellant approached the High Court of Delhi through a writ petition under Article 226 of the Constitution of India read with Sec. 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 dtd. 19/1/2023, dismissed the appellant 's writ petition, giving rise to these proceedings.

(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.