BALIRAM SHARMA Vs. STATION HOUSE OFFICER DEFENCE COLONY

JUDGEMENT

(1.) The petitioner herein, Bali Ram Sharma, is seeking directions, first for cancellation of his history sheet maintained by Police Station Defence Colony and Secondly, that his name be struck off from Part II of the Surveillance Register (Register No. 10) maintained by the Police authorities of Delhi as per Chapter 23 of the Punjab Police Rules, as applicable to Delhi, (herein called 'the Rules').

(2.) The petitioner is a citizen of India. He claims to be an agriculturist; he is assessed to income-tax as well as wealth-tax. He used to deal in antiques and handicrafts under the name and style of "M/s Sharma Antique and Fine Art" at E-18, South Extension Part II, New Delhi. According to him, he closed this business in the year 1974 after the promulgation of the Antiquities and Art Treasures Act, 1972. At present, be claims to be looking after his agriculture Farm at Chattarpur, Mehrauli. His wife Mrs. Sneh Lata Sharma, however, is running a shop of handicrafts at Jorbagh Market, New Delhi.

(3.) The petitioner's grievance is that after the Antiquities and Art Treasures Act came into force, a Deputy Superintendent of Police of C.I.D. Crime Branch of Delhi Police, Shri Avtar Singh, started harassing the antique dealers including the petitioner. Thereupon, on a report being made of the harassment to the then Minister of Home Affairs, the matter was referred to the Central Bureau of Investigation. The petitioner alleges that the police officials of the C.I.D. Crime Branch of Delhi suspected the petitioner to be the brain behind the complaint of corruption made against them and hence he became the subject of the police wrath. He was given threats of being involved in false criminal cases. His allegation is that consequently, after the promulgation of the Maintenance of Internal Security Act. 1974, he was detained under Section 3 of the said Act by the District Magistrate, Delhi, on behest of the police. The petitioner challenged his detention by a writ of habeas corpus and alleged personal mala fides against the said Shri Avtar Singh, Deputy Superintendent of Police, of the Crime Branch, who was impleaded as respo dent No. 5 in that petition. However, before the writ petition came up for final hearing, on the recommendation of the Advisory Board, the Delhi Administration revoked the order dated 29th November, 1974, of the petitioner's detention,