NIXON Vs. CITY POLICE COMMISSIONER

JUDGEMENT

(1.) If a 'rowdy cap' is given to a person, should that cap continue until his death? "Once a rowdy, should be treated as a rowdy always?". Whether the rowdy history sheet prepared is for familiarising police personnel to know the criminal background of such persons, or whether it should be exhibited in the police station, infringing the privacy of the person? These are the questions to be decided in this case.

(2.) The petitioner hails from a middle-class Christian family at Fort Kochi. His father is no more, and his mother is aged 70 years and she is having old age ailments. He has two elder brothers, the 1st one is a building contractor and the 2nd one is working as a shop manager at the Faber Galaria in Maradu. All of them are living as a joint family in the tharavadu house, is the submission. The petitioner completed the 10th class. His friends' circle led him to get involved in several criminal cases, is the submission. However, it is the case of the petitioner that he has not been involved in any criminal case for the last 8 years. He has totally given up his earlier friendships and now leads a quiet life with his family members, is the submission. According to the petitioner, he is working as a supervisor in the building contract works of his eldest brother and is looking after the entire affairs of his mother. It is also the case of the petitioner that he is regularly attending the church on all Sundays, and is pursuing the path of a god fearing man. The elders of his family are looking for a suitable bride for him, is the further submission. But, the grievance of the petitioner is that, his photograph, with his name written thereunder, is seen exhibited in the rowdy list gallery of Fort Kochi Police Station. On enquiry, it is learnt that the 2nd respondent has done the same as per the instructions given by the 1st respondent. According to the petitioner, not even a single crime is registered against the petitioner in the Fort Kochi Police Station, within the jurisdiction of which he has been living throughout his life. It is the case of the petitioner that, exhibiting the photo with the name of the petitioner in the rowdy list gallery of Fort Kochi Police Station has been causing mental agony and suffering not only to him but also to his family members. It will have the effect of ruining the life and future of the petitioner, including his marriage prospects, is the submission. Therefore, it is contended by the petitioner that the exhibition of his photo in the rowdy list gallery of Fort Kochi Police Station is unnecessary, especially because he has not been involved in any criminal case for the last 8 years. In almost all the pending criminal cases, he was acquitted. It is the definite case of the petitioner that he does not even want to remember his past life, and now he is leading the life of a god fearing and law-abiding citizen. He undertakes not to be involved in any criminal case hereafter. Therefore, he submitted that it is very much necessary for him to get his photograph with the name removed from the rowdy history sheet of Fort Kochi Police Station at the earliest. Therefore, the petitioner submitted Ext.P1 representation before the 1st respondent. Ext.P2 is the receipt. The 1st respondent did not take any favourable steps in the representation. Hence, the petitioner approached this Court by filing W.P.(C) No.21176/2024 seeking to direct the respondents therein to remove the photograph with the name of the petitioner from the rowdy history sheet of Fort Kochi Police Station at the earliest. As per Ext.P3 judgment, this Court was pleased to dispose of the said writ petition, directing the 1st respondent to consider and pass orders on Ext.P1 after hearing the petitioner. On producing the Ext.P3 judgment, the 1st respondent conducted a hearing in which the petitioner attended. But, the 1st respondent issued Ext.P4 order rejecting the same, stating that the petitioner is involved in 18 criminal cases. It is the case of the petitioner that, in 16 out of 18 cases mentioned in Ext.P4, the petitioner is acquitted by the court concerned. The remaining cases are Crime No.1408/2016 of Panangad Police Station and Crime No.52/2007 of Ramankari Police Station. It is submitted that, Crime No.52/2007 of Ramankari Police Station, which was charge sheeted and was pending before the Assistant Sessions Court, Alappuzha as S.C. No.126/2023, was quashed by this Court as per Ext.P5 judgment. Now, what remains is Crime No.1408/2016 of Panangad Police Station. The above crime is pending as C.C. No.1843/2020 before the Judicial First Class Magistrate Court, VIII, Ernakulam. It is submitted that there are 15 accused in the said case, and the petitioner is the 8th accused therein, and he is on bail in that case. He regularly appears before the court in the said case, is the submission. It is also the case of the petitioner that the de facto complainant in that case also has no grievance against the petitioner. Moreover, not even a single case was registered against the petitioner in the Fort Kochi Police Station, where the petitioner has resided since his birth date is the submission. It is also the case of the petitioner that for the last 8 years, there has been no criminal case registered against the petitioner. According to the petitioner, even if the police want to watch his activities, exhibiting the photograph with the name of the petitioner in the rowdy list gallery of Fort Kochi Police Station is not at all necessary for the said purpose. Therefore, this Writ Petition is filed with the following prayers:

(3.) Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.