Andhra Pradesh High Court - Amravati
N. Prasadhan vs The State Of Andhra Pradesh on 5 September, 2022
1
CMR, J.
W.P.No.28090 of 2022 & Batch
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition Nos.28090, 28092, 28111, 28154, 28160,
28161, 28186, 28192, 28194, 28195, 28220 and 28246 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
CMR, J.
W.P.No.28090 of 2022 & Batch
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 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
CMR, J.
W.P.No.28090 of 2022 & Batch
the case of K.S. Puttaswamy v. Union of India 1, 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
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
(2017) 10 SCC 1
CMR, J.
W.P.No.28090 of 2022 & Batch
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-
CMR, J.
W.P.No.28090 of 2022 & Batch
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
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
Date:05.09.2022.
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