Ved Prakash Gulati vs Commissioner Of Police And Ors.
1983 Latest Caselaw 164 Del

JUDGMENT

R.N. Aggarwal, J.

1. The petitioner Ved Prakash Gulati by this petition under Article 226 of the Constitution of India alleges violation of his fundamental rights of freedom and privacy by the action of respondent No. 2 in bringing his name on the surveillance register and further by opening his history sheet. The petitioner alleges that for various reasons, the details of which are given in the petition, the respondents had adopted against him a vindictive and hostile attitude.

2. The respondents in reply have denied that the petitioner has been brought on the surveillance register. However, it has not been disputed that an order for maintaining the history sheet of the petitioner has been made. The respondents in Annexure R-1 to the reply have given the details of the criminal cases in which the petitioner is alleged to be involved. The details of the cases are as follows ;

-----------------------------------------------------------------------

Sr.    FIR    Dated     Under      Police     Position
No.    No.              Section    Station  
-----------------------------------------------------------------------

1.    619    18.9.77  506/342/392/  Patal     Pending
                      34/471/420/   Nagar     trial.
                      611 IPC      

2.    170    3.4.81   420/468/471/  Tilak     Pending
                      120.B, IPC.   Nagar     trial.

3.    629    21.5.82  448  IPC.     Kotwali   Pending
                                              trial.

4.    317    12.6.82  147, 148, 149, Patel    Pending
                      363, 186 IPC   Nagar    trial.

5.    445   26.8.82   806 IPC        Patel    Fending
                                     Nagar    trial.

6.    481   13.9.82   452/506 IPC    Patel    Pending

-----------------------------------------------------------------------
 

3. The relevant police rule is 23.9 (2). Under the said rule a history sheet may be opened by or under the written orders of a police officer not below the rank of Inspector for any person not entered in police register No. 10 "who is reasonably believed to be habitually addicted to crime or to be an aider or abettor of such persons."

4. We have heard the learned Counsel for the parties at length and have perused all, the relevant material placed before us and we are of the view that the condition precedent for an order under Police R. 23.9 (2) is not satisfied.

5. The petitioner has explained that the first case mentioned in Annexure R-l was filed against him by his ex-partner and the third case was registered by the police on a report by Gulshan and Saleem who used to work with him on daily wages but subsequently wanted to take possession of the back portion of the shop.

such on the basis of which an opinion could be formed that the petitioner is habitually addicted to crime. The cases mentioned are also not of the category which may endanger public peace or security.

7. There is material on the record that sometime in 1982 the petitioner had complained against Sub-Inspectors Kabul Singh and Subey Singh and the said complaint was enquired into by a Police Inspector of Vigilance Department and he had recommended departmental action against the said officers.

8. The background of the petitioner is that he is a graduate from the Delhi University. He is married and has a family. He has parents, brothers and sisters. He is running a radio shop with his father at old Lajpat Nagar.

9. For the reasons slated we allow the petition and quash the order of the respondents for opening a history sheet of the petitioner under Police R. 23.9 (2).