Case Note & Summary
The appellant filed a writ petition before the Delhi High Court under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the 'History Sheet' opened against him and the proposal to declare him a 'Bad Character' with entry in Surveillance Register-X at Police Station Jamia Nagar, Delhi. The Single Judge dismissed the petition, leading to an appeal before the Supreme Court. The Supreme Court noted that the History Sheet contained disturbing details about the appellant's school-going minor children and wife, against whom there was no adverse material. The Court was informed that the format of history sheeters was prescribed under Rules 23.8 and 23.9 of the Punjab Police Rules, 1934, as applicable in Delhi. The Commissioner of Police, Delhi, issued an amended Standing Order on 21.03.2024, which now mandates that the column 'relations and connections' should only include persons who can afford shelter to the offender when on the run, and no details of minor relatives should be recorded unless there is evidence that the minor afforded shelter. The amended order also requires compliance with Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015, prohibiting disclosure of a child's identity. The Court held that the inclusion of innocent family members violates the right to dignity under Article 21. It directed that the amended Standing Order be given effect in the appellant's case and that a senior police officer (Joint Commissioner or above) periodically audit History Sheets to delete names of innocent persons. The Court also expanded the scope suo motu, directing all States and Union Territories to revisit their policies to prevent caste-based bias and discriminatory practices in maintaining History Sheets, and to consider amendments on the pattern of the Delhi Model within six months.
Headnote
A) Constitutional Law - Right to Privacy and Dignity - Article 21 of the Constitution of India - Inclusion of minor relatives in police History Sheets - The Court held that the inclusion of minor children and innocent family members in History Sheets without evidence of their involvement in criminal activity violates the right to live with human dignity under Article 21. The Court directed that only those persons who can afford shelter to the offender when on the run should be included, and no details of minor relatives should be recorded unless there is evidence of such shelter. (Paras 6-9, 15) B) Criminal Procedure - Police Surveillance - History Sheet and Bad Character - Punjab Police Rules 1934 Rules 23.8 and 23.9 - The Court considered the archaic rules and the amended Standing Order No.L&O/54/2022 issued by the Commissioner of Police, Delhi, which now mandates that identities of minor relatives be recorded only if evidence exists that they afforded shelter to the offender. The Court directed that the amended Standing Order be given effect forthwith in the appellant's case. (Paras 3-6, 10) C) Juvenile Justice - Prohibition on Disclosure of Identity - Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015 - The Court emphasized that Section 74 prohibits disclosing the identity of a child in conflict with law or a child victim or witness. The amended Standing Order requires meticulous compliance with this provision, ensuring that minor relatives' identities are not disclosed in History Sheets. (Paras 7-8) D) Constitutional Law - Right to Life and Personal Liberty - Article 21 of the Constitution of India - Periodic Audit of History Sheets - The Court directed the Commissioner of Police, Delhi to designate a senior police officer (Joint Commissioner or above) to periodically audit History Sheets to ensure confidentiality and delete names of innocent persons, especially juveniles, from the category of 'relations and connections'. (Paras 11-12, 16) E) Criminal Procedure - Police Surveillance - Caste Bias and Discriminatory Practices - The Court took suo motu cognizance of studies indicating that History Sheets are maintained selectively based on caste bias, targeting individuals from Vimukta Jatis, Scheduled Castes, and Scheduled Tribes. The Court directed all States and Union Territories to revisit their policies and consider amendments on the pattern of the Delhi Model to prevent such discriminatory practices. (Paras 14-18)
Issue of Consideration
Whether the inclusion of minor relatives and innocent family members in police History Sheets violates the right to privacy and dignity under Article 21 of the Constitution, and whether the existing rules and practices require modification to prevent such violations.
Final Decision
The impugned judgment of the High Court dated 19.01.2023 stands modified. The criminal appeal is disposed of with directions: (1) The amended Standing Order dated 21.03.2024 be given effect forthwith in the appellant's case. (2) Commissioner of Police, Delhi to designate a senior police officer (Joint Commissioner or above) to periodically audit/review History Sheets and delete names of innocent persons/juveniles. (3) All States/Union Territories to revisit their policies and consider amendments on the pattern of the Delhi Model within six months. (4) Copy of judgment to be forwarded to Chief Secretaries and DGPs of all States/UTs.
Law Points
- Right to privacy
- Right to dignity
- Article 21
- Surveillance
- History Sheet
- Bad Character
- Punjab Police Rules 1934
- Juvenile Justice (Care and Protection of Children) Act 2015 Section 74
- Standing Order
- Periodic audit
- Caste bias
- Vimukta Jatis
