Kerala High Court
Hari Lal P.L vs The State Of Kerala on 12 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
W.P.(Crl.) No.989/24 1
2024:KER:84315
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
WP(CRL.) NO. 989 OF 2024
PETITIONER:
HARI LAL P.L
AGED 55 YEARS, S/O PONNU PILLAI @ PONNAPPAN NAIR,
SINDHU NIVAS, KERA B 7,
KERALADITHYAPURAM,
WARD & P.O.ULIYASHTHURA,
TRIVANDRUM CITY & DISTRICT,PIN - 695587
BY ADV C.K.MOHANAN
RESPONDENTS:
1 THE STATE OF KERALA,
GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695001
REPRESENTED BY THE CHIEF SECRETARY.
2 THE STATE POLICE CHIEF
THE POLICE HEAD QUARTERS,
TRIVANDRUM, PIN - 695010
3 THE COMMISSIONER OF POLICE
TRIVANDRUM CITY/DISTRICT,
PIN - 695014
4 THE ASSISTANT COMMISSIONER OF POLICE
CANTONMENT,
TRIVANDRUM CITY/DISTRCT, PIN - 695001
5 THE STATION HOUSE OFFICER,
MANNANTHALA POLICE STATION,
TRIVANDRUM CITY/DISTRICT, PIN - 695015
6 THE STATION HOUSE OFFICER
PEROORKADA POLICE STATION,
TRIVANDRUM CITY/DISTRICT, PIN - 695005
W.P.(Crl.) No.989/24 2
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SRI.NOUSHAD K.A., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
28.10.2024, THE COURT ON 12.112024 DELIVERED THE FOLLOWING:
W.P.(Crl.) No.989/24 3
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BECHU KURIAN THOMAS, J.
--------------------------------
W.P.(Crl.) No.989 of 2024
---------------------------------
Dated this the 12th day of November, 2024
JUDGMENT
Petitioner primarily wants his name to be removed from the rowdy list
maintained by respondents 5 and 6.
2. Petitioner alleges that while he was in college, he was involved with
student politics and began a political career with the Communist Party of India,
as a result, he was involved in a few minor criminal cases. Later, due to certain
ideological differences with the leadership, he quit the said party and joined
the Bharatiya Janata Party, which agitated the leadership of his erstwhile
party. Petitioner further alleges that, after the CPI(M) came to power in 2006,
the police had, in violation of the provisions of the Kerala Police Manual,
included him in the rowdy list and also prosecuted and harassed him and
adopted every dubious measure including initiating proceedings under the
Kerala Anti-Social Activities (Prevention) Act, 2007 (for short KAAPA). The
preventive detention order was cut short as it was not approved. Thereafter he
was even roped in as an accused in a murder case for allegedly harbouring the
murderers and was incarcerated for a long period. Again in 2009, based on a
false police report, petitioner alleges that he was subjected to preventive
detention, which order was also revoked within seven days. According to the
petitioner his woes continued when he was once again detained under the
KAAPA in 2014, again based on a false report and later, by the time the
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Advisory Board revoked the order of detention, 44 days had elapsed. Petitioner
alleges that the sixth respondent again falsely implicated him in unnecessary
cases and the Human Rights Commission intervened and severely criticised the
sixth respondent for harassing the petitioner, as evident from Ext.P5.
3. Petitioner alleges that in the meantime his name was included in the
rowdy history list by referring to cases which were non-existent or cases which
were minor in nature. Petitioner also alleges that for three decades he was
denied a passport alleging the existence of criminal cases against him. He
avers that for the last several years, as there were no criminal cases registered
against him, he requested respondents 2 and 3 in January 2024, to remove his
name from the rowdy history list maintained by respondents 5 and 6.
Petitioner contends that despite running from pillar to post to have his name
removed from the rowdy history list, the respondents have not moved a little
finger, and on the other hand, they are devising means to deny him such a
relief. According to the petitioner, he intends to leave the country and join his
son, who is residing abroad, and since retention of his name in the rowdy
history list without any basis would seriously prejudice his liberty, he seeks
directions to remove his name from the rowdy history list. Petitioner has also
sought a compensation of Rs.10 Million from respondents 4 to 6 for the illegal
and arbitrary actions, apart from seeking directions for departmental action
against him.
4. A statement has been filed by the Assistant Commissioner of Police,
Thiruvananthapuram, stating that petitioner has been involved in several
criminal cases from 2002 onwards and that his name was included in the
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rowdy history list from 2008, on the basis of the request of the sixth
respondent and later in 2011, the history sheet of the petitioner was
transferred to the fifth respondent since he shifted his residence, and
presently, his name is maintained in the history sheet of the said respondent.
It is also alleged that though petitioner was involved in 21 criminal cases
registered at various police stations mainly at Peroorkada and Mannanthala, in
20 of those cases, he was either acquitted or the proceedings were quashed. It
is further stated that, apart from the said 20 cases, petitioner is involved in
Crime No.884/2024, which alleges commission of offences under sections 308,
323, 506, 509, 341, 342, 452, 451 read with section 34 of the Indian Penal
Code, 1860 before the Mannathala Police Station and that the said case has
been stayed in Crl.M.C No.8027/2024. Respondents allege that the petitioner is
a habitual offender and was a menace to society and his activities have broken
the peaceful life of the public and hence, the police departments were
compelled to take legal actions to restrain him from his illegal and anti-social
activities. The statement also mentions that petitioner had filed three petitions
before the Director General of Police, the Commissioner of Police,
Thiruvananthapuram and the Assistant Commissioner of Police,
Thiruvananthapuram, requesting to exempt him from the rowdy history list. On
receipt of the above petitions, an enquiry was conducted and since the
Mannanthala Police reported that the petitioner has an illegal nexus with the
certain mafia, the petitions were not considered favourably.
5. I have heard Sri. C.K.Mohanan, the learned counsel for the petitioner,
and Sri. K.A.Noushad, the learned Public Prosecutor.
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6. Maintaining a rowdy history sheet is not provided by any statutory
prescriptions but it is maintained as per the Kerala Police Manual. However
KAAPA defines a 'rowdy' in section 2(t) and also states about a 'known rowdy'
in section 2(p), as follows:
"S.2(t) 'rowdy' means and includes a person who either by himself or as a
member of a gang commits or attempts to commit, or abets the commission of
any offences under sections 153A and 153B of Chapter VIII and Chapters XV,
XVI, XVII, & XXII of the Indian Penal Code, 1860 (Central Act 45 of 1860), or any
offences under the provisions of the Arms Act, 1959 (Central Act 54 of 1959), or
the Explosive Substances Act, 1908 (Central Act 6 of 1908),-
(i) punishable with five or more years of imprisonment of any type, or;
(ii) with less than five years of imprisonment of any type, except those
punishable with less than one year of imprisonment; or
(iii) such offences under any other law for the time being in force,
coming under item (i) or (ii), as may be notified by the Government,
from time to time."
"S.2(p) 'known rowdy' means any person, who had been, by reason of acts
done within the previous seven years as calculated from the date of the order
imposing any restriction or detention under this Act,-
(i) made guilty, by a competent court at least once for an offence of the
nature under item (i) of clause (t) of section 2 or any offence
notified as such under the said clause; or
(ii) made guilty, by a competent court at least twice for any offence of
the nature mentioned under item (ii) of clause (t) of section 2 or
any offence notified as such under the said clause; or
(iii) found, on investigation or enquiry by a competent police officer or
other authority, on complaints initiated by persons other than police
officers, in three separate instances not forming part of the same
transaction to have committed any offence mentioned in clause (t)
of section 2."
7. Clause 259 of the Kerala Police Manual deals with rowdy history sheet
and reads as follows:
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"259. (1) This is a record maintained individually in KPF 174(D) to keep
a progressive record and watch of the activities of persons found to be
indulging in rowdyism. These sheets will be opened on the orders of the
Sub Divisional Police Officer or any higher authority on the basis of
reports from the local police officer or from other sources--
(2) The main forms of rowdyism are:--
(1) Indecent behaviour towards women and girls at educational
centres, bus stands, parks, Railway Stations, running trains
etc., by passing obscene remarks etc. This is popularly known
as "Eve-teasing".
(2) Habitually committing affray and rioting.
(3) Habitually committing offences involving stabbing (324 IPC).
(4) Threatening and beating up prosecution witnesses in court
premises and forcing them to turn hostile, by hirelings
employed by political parties, moneyed people etc.
(5) Intimidation of peace loving people by acts of violence or by
show of force or by abusive language.
(6) Rowdyism in Cinema Halls, theatres, sports stadiums, milk
booths, bus stands, toddy shops, running trains etc.
(7) Habitual gambling, smuggling of foodgrains and illicit
distillation.
(8) Forcible collection of subscriptions.
(9) Drunken and disorderly behaviour.
(10) Decoying persons to houses of ill repute by pimps.
(11) Snatching of gold chains etc.
(12) Any other anti-social activity associated with violence.
xxx xxx xxx xxx
xxx xxx xxx xxx
(8) A Rowdy History Sheet may be closed on the order of the
Superintendent of Police, based on the recommendations of the Circle
Inspector of Police routed through the Deputy Superintendent of
Police/Assistant Superintendent of Police"
8. Maintaining a rowdy history sheet is certainly prejudicial to the liberty
of an individual. Nevertheless, Section 259(8) of the Kerala Police Manual
provides for closure of the rowdy history sheet and states that it can be done
on the basis of orders of the Superintendent of Police based on the
recommendation of the Circle Inspector of Police routed through the Deputy
Superintendent of Police. Thus, the rowdy history sheet can be closed pursuant
to appropriate recommendations.
9. Though the petitioner is alleged to have been involved in 21 criminal
cases from 2002 onwards and a rowdy history sheet is maintained against his
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name from 2008, it is evident from the statement filed by the Assistant
Commissioner of Police that in 20 cases he has been either acquitted or
discharged or the proceedings against him have been quashed. The following
tabular column is extracted from the statement filed by the respondents:
SL Crime No. Police Section Present Stage
No. Station
1 172/2002 Peeroorkada 341, 342, 323 & 34 IPC Acquitted on
30.11.2007
2 81/2006 Peeroorkada 341, 323, 506(i) IPC Acquitted on
03.02.2009
3 89/2007 Peeroorkada 341, 323, 506(ii) IPC Acquitted on
05.06.2009
4 219/2007 Peeroorkada 341, 323, 506(ii) IPC Acquitted on
07.06.2010
5 512/2007 Peeroorkada 323, 47, 506(ii), 34 IPC & 27 of Acquitted on
Arms Act 08.11.2010
6 389/2008 Peeroorkada 143, 147, 149, 427, 504 IPC Fined Rs.400/-
7 423/2008 Peeroorkada 341, 323, 294(b), 341 IPC Acquitted on
28.04.2010
8 111/2008 Vanchiyoor 143, 147, 148, 149, 302 IPC & Trial Court sentenced 3
27 of Arms Act & Sec 3 r/w 5 of years imprisonment.
Explosive Act Later Hon.High Court
acquitted the petitioner
9 312/2010 Peeroorkada 341, 323, 324 & 34 IPC Acquitted
10 671/2012 Mannanthala 341, 323, 324, 294(b) & 34 IPC Quashed on 26.03.2014
11 1020/2013 Mannanthala 341, 294(b), 323, 324, 326, 308 Acquitted on
& 34 IPC 25.02.2021
12 1027/2013 Mannanthala 323, 294(b), 506(ii) & 34 IPC Acquitted on
17.11.2014
13 924/2014 Mannanthala 457, 324 IPC RC No.07/2016
14 508/2016 Mannanthala 143, 147, 149, 341, 294(b) & RC No.38/2017
506 IPC
15 745/2017 Mannanthala 341, 294(b), 323 & 506 IPC Acquitted on
12.10.2018
16 516/2021 Mannanthala 294(b), 323, 506, 447 & 34 IPC Acquitted on
26.08.2023
17 551/2021 Mannanthala 117e of KP Act Fined Rs.1500/-
18 1028/2021 Mannanthala 294(b), 506, 448, 427 & 34 IPC Acquitted on
31.10.2023
19 1041/2021 Mannanthala 294(b), 341, 506 & 34 IPC Quashed on 02.06.2022
20 485/2022 Mannanthala 294(b), 341, 323, 506(ii) IPC Acquitted on
29.12.2023
10. The only remaining case against the petitioner is a crime of the year
2024, which has been stayed by this Court. Thus, it is evident that in not a
single case has the petitioner been convicted. Despite the above, on three
occasions, proceedings under the KAAPA were initiated against him, which
were all either interfered with or disapproved. The aforesaid circumstance
lends credence to the contentions of the petitioner that he has been falsely
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targeted without any basis.
11. In the decision in Rajesh R. v. State Police Chief and Others
(2018 KHC 888), a Division Bench of this Court observed that a person who
has not committed any offence for breach of peace for the last ten years
cannot be said to be a habitual offender. It was further observed that merely
because a person committed various offences long ago cannot be a reason to
retain his name in the rowdy history sheet as well.
12. The statement filed by the respondents reflects that when the
petitioner submitted his application for removing his name from the rowdy
history sheet, a report was called for from the fifth respondent who stated that
the petitioner has connections with the land mafia. However, no such crime is
seen to have been charged against the petitioner alleging the commission of
such an offence. All the above circumstances indicate that the police have
been acting with vengeance against the petitioner and initiating proceedings
against him without any basis.
13. Though petitioner's name was included in the rowdy history sheet for
the last 16 years, till date he has not been convicted even in a single case,
which indicates that the petitioner's allegation that he is being falsely roped in
as an accused, is not totally misplaced. The term rowdy has a negative impact
on a person's character and reputation. The cognitive effect on a person's
character when he is branded as a rowdy is to immediately assign, in the
minds of the public, a negative impression about that person. This has an
effect on the liberty of the individual concerned as it would always brand him,
in the eyes of the public, as a criminal. In the absence of even a single
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conviction against him, the continuance of petitioner's name in the rowdy
history sheet is an infringement on his right to personal liberty especially since
the repercussions of such an inclusion are far-reaching.
14. As the respondents have not been able to provide any justification for
the continuance of petitioner's name in the rowdy history sheet and they have
under one pretext or the other, refused to remove his name from the said list,
this Court is of the view that circumstances warrant a specific direction to be
issued to render justice to the party. However, the prayer for compensation
and for departmental action against the officers are not warranted in the
circumstances of the case and they are declined.
15. In the result, there will be a direction to the third respondent to issue
appropriate orders under clause 259(8) of the Kerala Police Manual deleting
the petitioner's name from the rowdy history sheet on the basis of the
application admittedly received by respondents 2 to 4, as expeditiously as
possible, at any rate, within four weeks from the date of receipt of a copy of
this judgment.
The writ petition is allowed to the above extent.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
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APPENDIX OF WP(CRL.) 989/2024
PETITIONER'S/S' EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER ISSUED BY THE HOME
(SSA) DEPARTMENT, GOVERNMENT OF KERALA DATED
13.06.2008
Exhibit P2 A TRUE COPY OF THE ORDER ISSUED BY THE HOME
(SSA) DEPARTMENT, GOVERNMENT OF KERALA, DATED
22.07.2009
Exhibit P3 A TRUE COPY OF THE OPINION OF THE ADVISORY
BOARD FOR THE KAA(P)A, DATED 07.05.2014
Exhibit P4 A TRUE COPY OF THE ORDER ISSUED BY THE HOME
(SSA) DEPARTMENT, GOVERNMENT OF KERALA DATED
12.05.2014
Exhibit P5 A TRUE COPY OF THE ORDER OF THE HUMAN RIGHTS
COMMISSION OF KERALA, IN HRMP NO.6249/2014
DATED 08.05.2015
Exhibit P6 A TRUE COPY OF THE REPORT OF THE 4TH
RESPONDENT DATED 07.07.2014
Exhibit P7 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER TO THE HOME MINISTER OF KERALA
DATED 08.06.2023, SEEKING ACTION AGAINST THE
ERRING SUB INSPECTOR OF POLICE UNDER THE 3RD
RESPONDENT DATED 08.06.2023
Exhibit P8 A TRUE COPY OF THE RELEVANT PAGES OF HIS
PASSPORT ISSUED BY THE PASSPORT OFFICER,
TRIVANDRUM ON 10.10.2023
Exhibit P9 A TRUE COPY OF THE REPRESENTATIONS SUBMITTED
BY THE PETITIONER TO THE 2ND RESPONDENT DATED
26-09-2024
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Exhibit P10 A TRUE COPIES OF THE REPRESENTATIONS
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT DATED 26-09-2024
Exhibit P11 A TRUE COPY OF THE REPRESENTATIONS SUBMITTED
BY THE PETITIONER TO THE 5TH RESPONDENT DATED
26-09-2024
