VED PRAKASH GULATI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Rule D.B. The petitioner Ved Perkash Gulati by this petition under Article 226 of the Constitution of India alleges violation of his fundamental rights of freedom and privacy by the action of respondent No. 2 in bringing his name on surveillance register and further by opening his history sheet. The petitioner alleges that for various reasons, the details of which are given in the petition, the respondents had adopted against him a vindictive and hostile attitude.

(2.) The respondents in reply have denied that the petitioner has been brought on the surveillance register. However, it has not been disputed that an order for maintaining the histoy sheet of the petitioner has been made. The respondents in annexure R-l to the reply have given the details of the criminal cases in which -the petitioner is alleged to be involved. The details of the cases are as follows :(...)

(3.) The relevant police rule is 23.9 (2). Under the said rule a history sheet may be opened by or under the written orders of a police officer not below the rank of Inspector for any person not entered in police register No. 10 'who is reasonably believed to be habitually addicted to crime or to be an aider or abettor of such persons'.