Punjab Police Rules 1934 (As applicable to NCT of Delhi), rule 23.8 and rule 23.9 – Format of history sheet – Need to revisit archaic rules – Amended Standing Order issued on 21.03.2024 – In column on ‘relations and connections’ only those persons who can provide shelter to history sheeter to be reflected – Names of associates in crime, abettors and receivers to be included – No details of minor relatives shall be recorded anywhere in History Sheet – Unless there is evidence that minor has afforded shelter – Value for human dignity and life deeply embedded in Article 21 of Constitution – Expression ‘life’ unequivocally includes the right to live a life worthy of human honour and all that goes along with it.
Held: Writ Petition filed by Appellant under A. 226 Constitution r/w s. 482 CrPC for quashing of ‘History Sheet’ opened against him – Petition dismissed by High Court – Judgment challenged – original Standing Order of 10.06.2022 under ‘preparation of History Sheet’ replicated from archaic Punjab Police Rules 1934 – Amended Standing Order issued on 21.03.2024 – Provides certain safeguards: inclusion of names of only such persons who can afford history sheeter shelter when on the run from police – Names of associates in crime, abettors and receivers to be included – No details of any minor relatives, i.e., son, daughter, siblings shall be recorded anywhere – Unless there is evidence that such minor has afforded shelter – s.74 of Juvenile Justice (Care and Protection of Children) Act, 2015 to be meticulously followed – Clarifies ‘History Sheet’ is an internal police document, not a publicly accessible report. [Paras 6-7]
Appeal partly allowed – Impugned High Court judgment stands modified – Amended Standing Order will prevent undesirable exposure of Appellant’s minor children – Amended Standing Order to be given effect forthwith in Appellant’s case – Direction given to Commissioner of Police, Delhi to designate a senior police officer of the rank of Joint Commissioner of Police or above, to periodically audit contents of History Sheets, ensure confidentiality, and delete names of persons/children found innocent during investigation from “relations and connections” category in History Sheet – Prompt action to be taken against any police officer acting contrary to amended Standing Order. [Paras 9-13]
Exercising suo moto powers, scope of proceedings expanded to police authorities in other states and UTs – To consider undesirability of the practice of mechanically including names of innocent individuals, by virtue of hailing from a particular socially, economically and educationally disadvantaged background – Allegation of police diaries being maintained selectively of individuals of vimukta jatis, based solely on caste bias – State Governments to take necessary preventive measures to safeguard such communities – Pre-conceived notions render them ‘invisible victims’ – May often impede their right to live a life with selfrespect – value for human dignity and life is deeply embedded in Article 21 – Expression ‘life’ under a. 21 includes right to live a life worthy of human honour – Self-regard, social image, honest space for oneself in surrounding society, just as significant to dignified life as are adequate food, clothing and shelter. [Paras 14-15] Periodic audit mechanism overseen by senior police officer as directed for NCT of Delhi – Critical tool to review and scrutinize entries to check for biases and discriminatory practice – Can help eliminate such deprecated practices – States/Union Territories not before the Court – No positive mandamus can be issued – Urged to revisit their policy-regime and consider whether suitable amendments on pattern of ‘Delhi Model’ are required to be made. [Paras 16-17]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Aandrita Deb, Hony. Associate Editor (Verified by: Shibani Ghosh, Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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