Amit Mehrotra @ Titu Mehrotra vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1986 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 20390 of 2020
 

 
Petitioner :- Amit Mehrotra @ Titu Mehrotra
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home. And Others
 
Counsel for Petitioner :- Sharad Pathak,Ayush Shukla,Preeti Mala
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Saroj Yadav,J.

This writ petition has been filed by the petitioner praying for the following reliefs:-

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.09.2015 passed by opposite party no. 2, so served upon the petitioner on 09.09.2020.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 2 to discontinue the history sheet of the petitioner No. A-185 of Police Station Sahadatganj, District Lucknow."

Heard Sri Sharad Pathak, learned counsel for the petitioner and Sri Dhananjay Kumar Singh, learned Additional Government Advocate for the State respondent.

It has been argued by the learned counsel for the petitioner that the brother of the petitioner was a Corporator in Lucknow Nagar Nigam during the year 1989 to 1995 and being a political person, few petty cases were lodged against the petitioner due to political rivalry. However, these cases lodged against the petitioner during the year 1991-1996 were of petty in nature and do not attract the provisions contained in Regulations 228 of Uttar Pradesh Regulations at all for opening history sheet of A Class of the petitioner. It has been further argued that the history sheet of the petitioner was opened on the basis of certain cases lodged during the year 1991-1996 and in all those cases he has already been acquitted. It has been further argued that against the opening of history sheet, the petitioner had also preferred a writ petition before this Court being Writ Petition No. 7523 (M/B) of 2012 and this Court while disposing of the same, directed the Senior Superintendent of Police, Lucknow to take decision and pass appropriate order on the representation of the petitioner. Upon the said representation of the petitioner, a report was called for by the SSP, Lucknow from the Joint Director, Prosecution, Lucknow, who submitted its report recommending for closure of history sheet of the petitioner. It has further been argued that on the basis of continuance of History sheet No. A-185, police is making surveillance of the petitioner and having a watch on the activities of the petitioner, which violates the right to privacy of the petitioner as guaranteed to him under Article 21 of the Constitution of India. It has been asserted that the petitioner is no more involved in any such criminal activity that may demand surveillance, as such, the history sheet of the petitioner deserves to be quashed. In support of his submission, learned counsel for the petitioner has placed reliance upon the judgment passed by the Division Bench of this Court in the case of Bablu Shah Versus State of U.P. & Others, 2018 SCC Online All 142.

On the other hand, learned Additional Government Advocate states that the petitioner is having criminal history of 12 cases and most of them are serious in nature, therefore, Prosecuting Agency had opened the history sheet of the petitioner as per the Police Regulations to monitor his activities and to check his criminal tendency He further states that merely on the count that acquittal has been recorded, it can not be said that the petitioner is no more involved in criminal activities, hence, this petition with a prayer to discontinue the history sheet of the petitioner is liable to be dismissed.

Before coming to merits of the instant matter, it would be appropriate to refer the scheme for registration and surveillance of bad characters under Chapter-XX of the Uttar Pradesh Police Regulations. The Regulations 223-227 relates to maintenance of note book in different parts and as per these provisions the village crime note book is a confidential record, kept at every police station and that contains information about the crime and criminals of each village in the circle. In the cities and towns, a separate note-book of each Mohalla or other division is required to be maintained, in the same terms.

In Part-I of the note book particulars of the population, outlying hamlets, revenue market days, principal castes and tribes, headman, chief landowners other leading men and watchman of the village, is required to be shown.

In Part-II entries is required to be made for all particulars relating to the offences committed within the limits of the village area, which are cognizable and reported to the police.

Details pertaining to the offences too, are given in Part-III, particulars of all residence of the village convicted of any offences referred in Regulation 226 are to be entered with remarks pertaining to the nature of the offence with modus-operandi of committing the crime.

The Part - IV of the note book contain entries regarding religious festivals and disputes, disputes over property factions offences affecting the railways, canals or telegraphs, the presence of criminal tribes, the prevalence of organized crime such as cattle-theft, the fact that any member of a gang registered in the gang register and others similar matters which are of importance from a police point of view.

Regulation 228 relates to opening of history-sheet and that reads as follows:-

"Part V consists of history sheets. These are the personal records of criminals under surveillance. history-sheets should be opened only for persons who are or likely to become habitual criminal or abettors of such criminals. There will be two classes of history-sheets :

(1) Class A history-sheets for dacoits, burglars, cattle-thieves, railway-goods wagon thieves, and abettors thereof.

(2) Class B history-sheets for confirmed and professional criminals who commit crimes other than dacoity, burglary, cattle-theft, and theft from railway goods wagons, e.g., professional cheats and other experts for whom criminal personal files are maintained by the Criminal Investigation Department, poisoners, cattle poisoners, railway passenger thieves, bicycle thieves, expert pick-pockets, forgers, coiners, cocaine and opium smugglers, hired ruffians and goondas, telegraph wire-cutters, habitual illicit distillers and abettors thereof.

History-sheets of both classes will be maintained in similar form, but those for class B will be distinguished by a red bar marked at the top of the first page. No history-sheet of class B may be converted into a history-sheet of class A, though should be the subject of a history-sheet of class B be found to be also addicted to dacoity, burglary, cattle-theft or theft from railway goods wagons. A class, as well as B class, surveillance may under paragraph 238 be applied to him. In the event of a class A history-sheet man becoming addicted to miscellaneous crime his history-sheet may be converted into a class B history-sheet with the sanction of the Superintendent."

Regulation 229 relates to classification of history-sheet as A & B and that also regulate the length of time for which a suspect should ordinarily remain under surveillance in the absence of complaints and further the kind of surveillance that his activities required. The degree of surveillance is not depending to the classification of history-sheet and the history-sheeter but on the extent to which the history-sheeter is believed to be active at any particular time.

As per Clause 231 history-sheet of class A can be closed, if the history-sheeter is believed to have reformed but as per Regulation 232 history-sheet of class B will be continuously open and the subject of this kind of sheets shall remain under surveillance until death except for the special reasons.

Regulation 233 and 234 pertains his discontinuation of history-sheet and those provisions reads as follows:-

"233. The discontinuance of surveillance of the subject of a history-sheet does not entail closing that history-sheet. A history-sheet which is only a record of information need never be considered closed. In the case of persons whose surveillance is discontinued a note should be made to this effect in the history-sheet, and thereafter no periodical or other entries need be made unless something comes to notice which it is desirable to enter in the sheet. Sheets persons whose surveillance has been discontinued should remain in these village crime-note book but if the number is as much as to make the volume too bulky, they should be kept in a separate volume attached to the note-book. They will only be destroyed on the death of the subject of the sheet, or if, on opinion of the Superintendent their further retention is not likely to be of any value.

234. No history-sheet of class A may be discontinued without the sanction of the Superintendent of Police. If it is denied to discontinue the surveillance of the subject of a history sheet of class B, the sanction of the Deputy Inspector-General or Superintendent. Railway Police, must be obtained. Proposals from station officers for the discontinuance of history-sheets and for the 'starring or unstarring' of a class suspects must be made through the circle inspector unless dealt with directly by a gazetted officer in the course of an inspection."

The scheme of surveillance discussed above in specific terms indicates the reasons for maintaining a history-sheet. The provision of the surveillance under the Uttar Pradesh Regulations is extraordinary course to have control on crime, criminals and the situation of law and order. The entire scheme gives special powers in the hands of police to keep vigil on the activities of history-sheeters, who may be involved in criminal activities. This vigil and surveillance is not only on accused but also on suspected persons. This vigil and surveillance certainly adversely affects right of a person for his free movement and also have negative impression in the society about the individual. Such intervention in privacy of a person is permissible only in extraordinary circumstances looking to the eventualities referred in Chapter XX of the Police Regulations. No history-sheet can be permitted to be opened and continued, if the eventualities given in Regulations 228 of Chapter XX are not established.

The case of the petitioner, as such, is required to be examined in light of the provisions discussed above. It is also worth to state that a history-sheet of Category "A" can be discontinued, if the Authority competent is of the opinion that no further surveillance of the subject is required. To form such opinion the authority is supposed to consider the circumstances given under Regulation 228 and if such circumstances no more exist then the course available is to discontinue the surveillance.

In our considered opinion no interference in the privacy of an Indian citizen can be permitted, so mechanically. If such intervention is required then there must be adequate reasons with appropriate discussion demanding the surveillance by maintaining history-sheet.

In entirety, we are of considered opinion that there is no need to keep the petitioner under surveillance by maintaining his history-sheet and, as such, the same deserves to be discontinued. Accordingly, the writ petition is allowed. The respondents are directed to discontinue all the surveillance of the petitioner as per Chapter XX of the Uttar Pradesh Police Regulations.

(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)

Order Date :- 5.5.2022

Arun