Petchetti Kondaiah vs The State Of Andhra Pradesh
2022 Latest Caselaw 6522 AP

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                                                                    CMR, J.

wp_19302_ 2020&batch

HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Writ Petition Nos.19302 of 2020, 30258 of 2021, 28774, 28789, 28799, 28830, 28850, 28868, 28885, 28898, 28902, 28903, 28908, 28911, 28914, 28915, 28916, 28925, 28927 and 28928 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.

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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 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

(2017) 10 SCC 1

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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 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

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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-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 08th September, 2022.

Ak

CMR, J.

wp_19302_ 2020&batch

HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Writ Petition Nos.19302 of 2020, 30258 of 2021, 28774, 28789, 28799, 28830, 28850, 28868, 28885, 28898, 28902, 28903, 28908, 28911, 28914, 28915, 28916, 28925, 28927 and 28928 of 2022 (Common Order)

08th September, 2022.

(Ak)