AMRIK SINGH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner has challenged the correctness of the proposal of the S.H.O. Police Station Rajinder Nagar and confirmed by the Deputy Commissioner of Police, South District, to open the history sheet and to enter his name in the Police Surveillance Register. He also seeks the issuance of a writ, order or direction requiring the respondents, to remove the entries from the said registers and closure of the history sheet.

(2.) The respondents in their counter have justified the action by alleging that the petitioner is a desperate character of the area. After migration from Pakistan in 1947 he started his criminal activities in the year 1962. Since then, he has been involved in 15 criminal cases. The S.H.O. of Police Station Parliament Street suggested the opening of the history sheet and sent a copy of the same to the Police Station Rajinder Nagar where the petitioner was residing. Keeping in view his long standing record the S.H.O. Police Station Rajinder Nagar made a proposal for bringing his name in bundle 'A' and to keep him under surveillance on 14-2-1976. The then Deputy Commissioner of Police South District approved the proposal vide order dated 20-5-1976. Since then discreet watch is being kept on his activities.

(3.) The contention of the learned counsel for the petitioner is that the impugned orders of the respondents are not only in violation of the Punjab Police Rules but are in flagrant disregard of tlie dictum laid down by this court as also by the Supreme Court of India. The relevant rules are :