Andhra Pradesh High Court - Amravati
In This Batch Of Writ Petitions vs Unknown on 29 August, 2022
1
CMR, J.
wp_27282_ 2022&batch
HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition Nos.27282, 27344,
27408, 27437 and 27451 of 2022
Common Order:
In this batch of writ petitions, the petitioners sought either
to quash the rowdy-sheets/suspect-sheets/history-sheets that
are opened against them or to direct the respondent police
officials to close the said rowdy-sheets/suspect-sheets/history-
sheets.
2. Heard learned counsel appearing for the petitioners and
learned Assistant Government Pleader for Home appearing for the
respondents.
3. These writ petitions are being disposed of without going
into the merits of the cases on the ground of legal validity of the
said rowdy-sheets/suspect-sheets/history-sheets opened by
invoking the provisions of A.P. Police Manual or A.P. Police
Standing Orders, in view of the recent common order of this High
Court, dated 15.07.2022, in W.P.No.3568 of 2022 and batch,
whereby this Court held that the Standing Orders of A.P. Police
Manual or A.P. Police Standing Orders to the extent of
opening/continuation of rowdy-sheets/suspect-sheets/history-
sheets and keeping surveillance on the individuals on the basis of
the said rowdy-sheets/suspect-sheets/history-sheets, in terms of
Chapter-37 of the aforesaid Standing Orders, are void.
4. The rowdy-sheets/suspect-sheets/history-sheets were
opened against the petitioners in all these writ petitions in terms
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of Chapter-37 of the A.P. Police Standing Orders or A.P. Police
Manual.
5. The legal validity of Chapter-37 of the said A.P. Police
Manual or A.P. Police Standing Orders, on the basis of which the
said rowdy-sheets/suspect-sheets/history-sheets are being
opened, has been questioned and challenged before this Court in
W.P.No.3568 of 2022 and batch. This court, by its common
order, dated 15.07.2022, passed in the above batch of writ
petitions, after considering the law on the issue elaborately with
reference to the earlier judgments rendered by the Apex Court
and, more particularly, with reference to the Constitution Bench
judgment of the Apex Court rendered in the case of K.S.
Puttaswamy v. Union of India1, held that Chapter-37 of the A.P.
Police Manual or A.P. Police Standing Orders on the basis of
which the rowdy-sheets/suspect-sheets/history-sheets are being
opened and surveillance is being kept on the individuals on the
basis of the said rowdy-sheets/suspect-sheets/history-sheets, as
void. At para 45 of the said common order, it is held as follows:
"45) Hence, the Writ Petition No.3568 of 2022 is allowed
declaring the Standing Orders of A.P. Police Manual / A.P.
Police Standing Orders to the extent of opening/continuation
of Rowdy Sheet, Suspect Sheet, History Sheet etc., and on that
basis the surveillance of the individual (in terms of Chapter 37
of the above said Standing Orders) as void. All the other Writ
Petitions are also allowed. All the rowdy sheets opened in this
batch of Writ Petitions are directed to be closed immediately.
The police cannot open or continue a rowdy sheet or collect
data pertaining to a person without the sanction of "law".
Collection of personal data and its usage for prevention of
crimes also can only be in accordance with a "law" which
(2017) 10 SCC 1
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crosses the thresholds mentioned in the Constitution of India
and the various judgments including K.S.Puttaswamy case
(2 supra) since „privacy‟ is now a Fundamental Right as per
Part-III of the Constitution of India. It is reiterated that the police
cannot (under the existing orders) indulge in night visits;
domiciliary visits to the houses of a suspect or accused. They
cannot take or demand the photographs, fingerprints etc.,
except under the procedure established by a „law‟ and if the
conditions laid down are satisfied. Accused or suspects cannot
be summoned or called to the Police Station or anywhere else
either during festivals/elections/weekends etc. They cannot
be made to wait at the Police Stations for any reason or seek
permission to leave the local jurisdiction."
6. Therefore, as the very Chapter-37 in the A.P. Police
Manual and A.P. Police Standing Orders, on the basis of which all
the rowdy-sheets/suspect-sheets/history-sheets are opened and
surveillance is being kept on the petitioners on the basis of the
said the rowdy-sheets/suspect-sheets/history-sheets and the
same are being continued, is now declared as void, the opening of
the said the rowdy-sheets/suspect-sheets/history-sheets against
the petitioners and continuing the same is clearly unsustainable
under law. They have no legal sanctity and they cannot be
sustained under law and they cannot be allowed to be in force
and continued any longer.
7. Therefore, in view of the aforesaid common order, dated
15.07.2022, of this Court and for the reasons stated therein,
these writ petitions are allowed declaring the opening of the
rowdy-sheets / suspect-sheets / history-sheets against the
petitioners, which are all impugned in these writ petitions,
as illegal and unconstitutional. Consequently, all the rowdy-
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sheets/suspect-sheets/history-sheets, opened against the
petitioners in these writ petitions, stand closed forthwith.
The respondents in all these writ petitions are directed to close
the rowdy-sheets/suspect-sheets/history-sheets in their records
which are opened against the petitioners. No surveillance shall be
kept on the petitioners herein on the basis of the said the rowdy-
sheets/suspect-sheets/history-sheets and the petitioners shall
not be called to the police station in connection with any such
rowdy-sheets/suspect-sheets/history-sheets, which are now
declared as illegal and unconstitutional and which are closed.
No costs.
Consequently, miscellaneous applications, pending if any,
shall also stand closed.
________________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
29th August, 2022.
Ak
CMR, J.
wp_27282_ 2022&batch
HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition Nos.27282, 27344,
27408, 27437 and 27451 of 2022
(Common Order)
29th August, 2022.
(Ak)
