M PARKASH Vs. ASSISTANT COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner is aggrieved of a history sheet opened against him by police station Seelampur on 5-4-1982.

(2.) The case of the petitioner is that because of this history sheet, which according to him, has been opened at the behest of one Gaje Singh, a Congress (1) worker, he is being continuously harassed by the police and, very often he is being involved in useless prosecutions and is tortured into submission. There are a large number of allegations made by him but it is not possible to go into those detials and conduct an inquiry in respect of such matters in this writ petition. This, in fact, was observed by the Division Bench also when the petition was admitted 'restricted to the question of justification for opening of the history sheet. The petitioner has given a list of seven cases in which he was made to face the prosecution and has also stated that there were two other cases against him in which he has been acquitted.

(3.) It is apparently these cases which have been made the basis for opening of the history sheet and subjecting the petitioner to surveillance. In their counter affidavit, the respondents have admitted that a history sheet was opened 5-4-1982 after a proposal was floated by the S.H.O. Police Station, Seealmpur and was approved by the Deputy Commissioner of Police, Shahdara after being fully satisfied. It is further added that five cases of penal nature and four proceedings for maintaning peace were registered against the petitioner. Out of four quasi judicial proceedings, in three the petitioner has been discharged, in one of the cases the parties have entered into a compromise while in one case under the Arms Act, petitioner was convicted but was granted probation and was released conditionally. All other cases are stated to be pending. The cases mostly relate to 1979 and 1981 while proceedings under Section 107 Cr. P.C. all relate to 1984.