JANKI DASS GUPTA Vs. COMMISSIONER OF POLICE DELHI

JUDGEMENT

(1.) By means of this writ petition brought under Articles 226 and 227 of the Constitution of India the petitioner Janki Das Gupta prays for the issuance of writ of certiorari or any other appropriate writ, order or direction to quash the entry in the surveillance register and also to quash or close the history sheet pertaining to him. Further direction to the local police is also sought from this Court not to harass the petitioner.

(2.) Notice to show-cause was issued to the respondents as to why this writ petition be not admitted and in reply, affidavit of Ram Singh SHO Police Station Hauz Qazi was filed wherein the petition was resisted as one meritting dismissal.

(3.) The list of as many as 19 criminal cases has been filed by the police of P.S. Hauz Qazi and the perusal thereof shows that the same are of different police stations but most of them of Police Station Hauz Qazi. This list further reveals that out of these cases one was under Section 420 IPC, one under Section 9-1/78 under the Opium Act and two under Sections 107/151 Cr. P.C. while all the remaining cases were under the Gambling Act. It is also apparent, from this list that he was convicted only in five cases which were under the Gambling Act whereas in the remaining cases he was acquitted and in two cases discharged whereas only two cases are still spending trial. The cases in which he was convicted were registered against the petitioner on 26/6/1955,1/8/1955, 1/11/1956, 27/7/1960 and 28/5/1967. It is pointed out by the petitioner that in the first four cases during the period from 26/6/1955 to 27/7/1960 he was advised to plead guilty due to paucity of funds necessary for defending the same and on doing so he was simply punished with fine of Rs. 20.00, Rs. 10.00, Rs. 40.00 and Rs. 40.00 and the proceedings in those four cases came to an end. He has also pointed out that his conviction in the 5th case of 28/5/1967 was set aside in appeal. On the basis of the aforesaid five cases the Deputy Commissioner of Police (Crime Prevention) initiated proceedings against the petitioner under Section 48 of the Delhi Police Act, 197S whereupon notice dated 21/11/1978 under Section 50 of the said Act was challenged by the petitioner in Criminal Writ ' No. 65 of 1979 in this Court and the same was quashed by a Division Bench of this Court comprising of V.D. Misra and J.D. Jain, JJ. on the ground that the convictions were not proximate and hence not relevant.