VIRENDER SINGH BIDHURI Vs. STATE OF DELHI

JUDGEMENT

(1.) BY this petition the Petitioner seeks quashing of his name kept as "Bad Character" in Bundle 'B'. The Petitioner had earlier filed a writ petition seeking quashing of the history sheet wherein this Court had directed the Petitioner to make a representation to the DCP concerned who would consider the matter on merits. In pursuance to the orders passed in W.P.(CRL) 1122/2010, the DCP (South East) District after considering the facts and circumstances of the case and in view of the fact that the Petitioner was not involved in any offence after the year 2005, downgraded the history sheet of the Petitioner from Bundle 'A' to Bundle 'B'. The Petitioner is not satisfied with the same and states that it should be converted to a personal file.

(2.) LEARNED counsel for the Petitioner contends that under Section 47 and 50 of the Delhi Police Act (in short D.P. Act) the maximum period for which a history sheet can be maintained is for a period of two years. He further states that in view of the Explanation to Section 47 D.P. Act since the Petitioner is not involved in three offences of the kind mentioned in the Act in the preceding year, he is not a habitual offender. The Petitioner has been convicted only for two offences and both those offences do not come within the purview of Section 47 of the D.P. Act. Only three cases are pending trial against the Petitioner and in view of the delay in the trials, the case of the Petitioner cannot be jeopardized. In fact, it is the duty of the State to ensure a speedy trial. He further states that the maintenance of the history sheet is hit by Article 20 of the Constitution as on the one hand the Petitioner is facing trial and on the other hand history sheet has been maintained against him and thus the same amounts to double jeopardy.

(3.) MAINTENANCE of history sheet is a totally different aspect of maintenance of law and order. The history sheet is permitted to be maintained under Rule 23.4 of the Punjab Police Rules. As per the said Rules in case the person is convicted for two offences or in case the Superintendent of Police deems fit that surveillance is required to be kept on a particular person, for the reasons to be recorded in writing he can direct opening of the history sheet of that person. While opening the history sheet it is the satisfaction of the concerned officer. No challenge has been laid to the said satisfaction in the present petition. As per Rule 23.12 (1) of the Punjab Police Rules when a person is no longer addicted to crime, and is maintaining good behavior, the history sheet is brought down to personal file.