SELVARAJ Vs. INSPECTOR OF POLICE KALIAKAVILAI POLICE STATION

JUDGEMENT

(1.) In these four writ appeals, the grievance of the Appellants/writ Petitioners is that they have been cited as History Sheeted Rowdies without any justification. According to them, they are all law abiding citizens. But, on 26.01.2006, the 1st Respondent registered a false case against them and their family members in Crime No. 62/2006 with regard to an incident which is alleged to have occurred at about 21.15 Hours for offences under Sections 147, 148, 294(b), 353 and 307 IPC.

(2.) The facts relating to the said alleged incident are as follows:

(3.) According to the Appellants, thereafter, the police, without any justification, harassed their family members. Therefore, they have filed a complaint before the State Human Rights Commission and because of the fact that a criminal case is pending, the Commission did not interfere in the matter. The Appellants also filed anticipatory bail applications and there the 1st Respondent reported before the Court that no case has been registered against them and this would prove the unnecessary harassment. It is only thereafter the Appellants came to realise that the police have opened History Sheets against them. According to the Appellants, there is no necessity to include them in the panel of History Sheeted Rowdies. They have never indulged in rowdyism. Pendency of one Single case, without any conviction, will not entitle them to include their names in the list of history sheeted rowdies. According to the Appellants, the unjust inclusion of their names in the History Sheets is a sheer violation of their rights under Article 21 of the Constitution of India and therefore the writ petitions were filed. The learned Single Judge, on a consideration of the counter filed, held that this was not a case where the Court could exercise its discretionary jurisdiction under Article 226 of the Constitution of India. Therefore, these appeals have been filed.