MANGTU RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) On 19.5.1982, the S.H.O. of Police Station Sadar Bazar, Delhi recommended the name of the petitioner for opening of the history sheet on the averments that the suspect Mangtu Ram was arrested in case FIR No. 205 dated 26.6.1976 of Police Station Najafgarh, Delhi, for having found in possession of the entire stock of aluminium wire stolen by Banwari Lal wire cutting gang. After sometime in case FIR No. 130 dated 14.3.1981, of Police Station Sonepat, arrested lhe accused for the commission of theft of car radiators. In the opinion of the SHO, Mangtu Ram is in the habit of purchas- ing stolen goods and this fact has also been confirmed by a secret enquiry from the people of the area. He suggested that history sheet of the suspect be prepared and a surveillance be kept on his activities. His recommendation was approved to the extent that the history sheet of the suspect be prepared and kept on bundle 'A' by the order of the D.C.P. dated 22.5.1982.

(2.) This very order is under challenge and the petitioner seeks the issuance of a writ, order or direction in the nature of mandamus commanding the res- pondents to remove the entry from the Police Surveillance Register and to close the history sheet.

(3.) The first and foremost submission of the learned counsel for the petitioner is that the Deputy Commissioner of Police, while approving the recommendation of the SHO of the Police Station concerned has not complied with the mandatory requirements of the Punjab Police Rules, which envisage the recording of definite reasons for permitting either to open the history sheet or bring the name of the petitioner on the Surveillance Register. The mere words "The history sheet of the suspect be prepared and kept on bundle 'A' "cannot be equated with his "reasonable belief" that the petitioner is "habitual offender" or a receiver of a stolen property. Further more, he was also required to form an independent opinion that the petitioner is a desperate character, a terror in the vicinity and his activities are required to be kept under observation.