Andhra Pradesh High Court - Amravati
Galla Suman vs The State Of Andhra Pradesh, on 9 September, 2022
1
CMR, J.
wp_3067_ 2019&batch
HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition Nos.3067 of 2019, 21413 of 2020,
856 of 2021, 29048, 29092, 29099 and 29105 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.
CMR, J.
wp_3067_ 2019&batch
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
CMR, J.
wp_3067_ 2019&batch
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
CMR, J.
wp_3067_ 2019&batch
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
09th September, 2022.
Ak
CMR, J.
wp_3067_ 2019&batch
HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition Nos.3067 of 2019, 21413 of 2020,
856 of 2021, 29048, 29092, 29099 and 29105 of 2022
(Common Order)
09th September, 2022.
(Ak)
