Amanatullah Khan vs The Commissioner Of Police, Delhi

2024 INSC 383 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024 (Arising out of SLP (Crl.) No.5719/2023)

AMANATULLAH KHAN …APPELLANT

VERSUS

THE COMMISSIONER OF POLICE, DELHI & ORS. …RESPONDENTS

JUDGEMENT

SURYA KANT, J.

1. Leave granted.

2. The appellant approached the High Court of Delhi through

a writ petition under Article 226 of the Constitution of India read

with Section 482 of the Code of Criminal Procedure, 1973 for

quashing of the ‘History Sheet’ opened against him and the

proposal to declare him as ‘Bad Character’ with the entry of his

name in the Surveillance ‘Register-X, Part II, Bundle A’ at Police

Station Jamia Nagar, District: South-East, Delhi. The Single

Judge of High Court has, vide the impugned judgment dated

Signature Not Verified 19.01.2023, dismissed the appellant’s writ petition, giving rise to Digitally signed by Ashwani Kumar Date: 2024.05.07 12:33:01 IST Reason: these proceedings.

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3. Upon notice, the Delhi Police entered appearance through

Mr. Sanjay Jain, learned senior counsel, who was apprised of

some disturbing contents of the History Sheet to the extent it

pertained to the school going minor children of the appellant and

his wife, against whom there was apparently no adverse material

whatsoever for inclusion in the History Sheet. It was then apprised

that the format of the history sheeters was prescribed following

Rule 23.8 and Rule 23.9 of the Punjab Police Rules 1934 (in short,

the “1934 Rules”) as were applicable in the NCT of Delhi. Mr. Jain,

learned senior counsel for the respondents, however, fairly agreed

to re-visit the archaic rules with a view to ensure that the dignity,

self-respect and privacy of the innocent people, who incidentally

happen to be the family members of a suspect, is not compromised

at any cost.

4. Mr. Sanjay Jain, learned senior counsel has today placed

on record the amended Standing Order No.L&O/54/2022 issued

by the Commissioner of Police, Delhi. The aforesaid Standing

Order pertains to ‘Surveillance of History Sheeters and Bad

Characters’. It appears that the Original Standing order was

issued on 10.06.2022 and paragraph 9(2) thereof titled as

“Preparation of History Sheet” was replicated from provisions of

the 1934 Rules.

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5. With the amended Standing Order issued on 21.03.2024,

the Commissioner of Police has provided as follows:

“The space for “relation and connection” should be filled in with a view to afford clues about those persons with whom the criminal is likely to harbour when wanted by the police, including relations or friends living at a distance from his home, and his associates in crime, abettors and receivers. It may be noted that the space for “relations and connections” in the history sheet should reflect identities of those persons who can afforded him shelter when the offender is running/wanted by the police (in general) and should include his associates in crime, abettors and receivers (in particular) and no details of any minor relatives i.e. son, daughter, siblings should be recorded anywhere in the History Sheet unless there is evidence that the minor under question can, or has earlier had, afforded shelter to the offender, “while he was on run from police”.

While preparing History Sheet, it may also be kept in mind that as per Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015, there is a prohibition on disclosing the Identity of a child in conflict with law or a child in need of care and protection of a child victim or witness of a crime through a report etc. Even though the History Sheet is an internal Police document and not a publicly accessible report, care must be taken that identities of only those minor relatives are entered into the History Sheet against whom evidence exists that minor in question has earlier had, afforded shelter to the offender, while he was on run from police”. In addition to above, the particular nature of each person’s connection should be noted against each, and, when persons shown as connections themselves have history sheets, a cross reference with those History Sheets should be given. Maximum phone numbers/mobile numbers or associates/relatives/acquaintances of BCs should be collected and placed for record. Aadhar Number, EPIC number, e-mail ID, social media accounts/profiles viz, facebook, Instagram ID, Twitter ID etc. to be placed on file. Further mobile numbers & other available details of associates/relatives/acquaintance of BC should be collected and placed on record.”

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6. We find from the amended Standing Order that in the

column “relations and connections”, it has been decided that

identities of only those persons shall be reflected who can afford

the history sheeter/bad character shelter, when the offender is

running/wanted by the police and it shall also include names of

his associates in crime, abettors and receivers. The amended

Standing Order emphatically says that no details of any minor

relatives, i.e., son, daughter, siblings shall be recorded anywhere

in the History Sheet unless there is evidence that such minor, has

or earlier had, afforded shelter to the offender.

7. Secondly, the amended provision now mandates that

Section 74 of the Juvenile Justice (Care and Protection of

Children) Act, 2015 shall be meticulously followed, whereunder

there is a prohibition on disclosing the identity of a child in conflict

with law or a child in need of care and protection or a child victim

or a witness of a crime through a report etc.

8. The amended Standing Order further clarifies that ‘History

Sheet’ is an internal police document and not a publicly accessible

report. It has cautioned the police officers that care must be taken

to ensure that identities of only those minor relatives are entered

in the History Sheet against whom evidence exists that such minor

had earlier afforded shelter to the offender, while he was on the

run from the police. The safeguard with regard to the details of Page 4 of 8 phone numbers, Aadhar Card, EPIC number, e-mail I.D., social

media accounts etc., have also been suggested in the amended

Standing Order.

9. It seems that so far as the case in hand is concerned, the

decision taken by the respondents to the effect that the History

Sheet is only an internal police document and it shall not be

brought in public domain, largely addresses the concern

expressed by us in the beginning. Secondly, the extra care and

precaution, to be now observed by a police officer while ensuring

that the identity of a minor child is not disclosed as per the law

too, is a necessary step to redress the appellant’s grievances. It

will surely prevent the undesirable exposure that has been given

to the minor children in this case.

10. All that we propose to direct the police authorities is that

the amended Standing Order dated 21.03.2024 be given effect

forthwith in the appellant’s case also.

11. In addition, we also direct the Commissioner of Police,

Delhi to designate a senior police officer, in the rank of Joint

Commissioner of Police or above, who shall periodically

audit/review the contents of the History Sheets and will ensure

confidentiality and a leeway to delete the names of such

persons/juvenile/children who are, in the course of investigation,

Page 5 of 8 found innocent and are entitled to be expunged from the category

of “relations and connections” in a History Sheet.

12. It goes without saying that if a Police Officer of Delhi Police

is found to have acted contrary to the amended Standing Order

and or the directions given herein above, prompt action against

such delinquent officer shall be taken.

13. The impugned judgment of the High Court dated

19.01.2023 stands modified and the instant criminal appeal is

disposed of in the above terms.

14. Having partially addressed the grievance of the appellant,

we now, in exercise of our suo motu powers, propose to expand the

scope of these proceedings so that the police authorities in other

States and Union Territories may also consider the desirability of

ensuring that no mechanical entries in History Sheet are made of

innocent individuals, simply because they happen to hail from the

socially, economically and educationally disadvantaged

backgrounds, along with those belonging to Backward

Communities, Scheduled Castes & Scheduled Tribes. While we are

not sure about the degree of their authenticity, but there are some

studies available in the public domain that reveal a pattern of an

unfair, prejudicial and atrocious mindset. It is alleged that the

Police Diaries are maintained selectively of individuals belonging

Page 6 of 8 to Vimukta Jatis, based solely on caste-bias, a somewhat similar

manner as happened in colonial times. All the State Governments

are therefore expected to take necessary preventive measures to

safeguard such communities from being subjected to inexcusable

targeting or prejudicial treatment. We must bear in mind that

these pre-conceived notions often render them ‘invisible victims’

due to prevailing stereotypes associated with their communities,

which may often impede their right to live a life with self-respect.

15. The value for human dignity and life is deeply embedded in

Article 21 of our Constitution. The expression ‘life’ unequivocally

includes the right to live a life worthy of human honour and all

that goes along with it. Self-regard, social image and an honest

space for oneself in one’s surrounding society, are just as

significant to a dignified life as are adequate food, clothing and

shelter.

16. It seems that a periodic audit mechanism overseen by a

senior police officer, as directed for the NCT of Delhi, will serve as

a critical tool to review and scrutinize the entries made, so as to

ascertain that these are devoid of any biases or discriminatory

practices. Through the effective implementation of audits, we can

secure the elimination of such deprecated practices and kindle the

legitimate hope that the right to live with human dignity, as

guaranteed under Article 21, is well protected. Page 7 of 8

17. We are conscious of the fact that States or Union

Territories, other than the NCT of Delhi, are not before us. They

have not been heard. No positive mandamus can thus be issued

to them. Further, we are not aware of the existing Rules/Policies

or Standing Orders in vogue in different States/Union Territories.

We, therefore, deem it appropriate, at this stage, to direct all the

States/Union Territories to revisit their policy-regime and

consider whether suitable amendments on the pattern of the

‘Delhi Model’ are required to be made so that our observations

made in paragraphs 14 to 16 of this order can be given effect in

true letter and spirit.

18. The Registry is, accordingly, directed to forward a copy of

this judgement to the Chief Secretary and Director General of

Police of all States and Union Territories to enable them to

consider and comply with what has been held above, as early as

possible but not later than six months.

19. All pending applications, if any, also stand disposed of.

……….....................J. (SURYA KANT)

……….....................J. (K.V. VISWANATHAN) New Delhi;

May 7, 2024.

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