Madras High Court
Sankar vs The District Superintendent Of ... on 18 April, 2022
Crl.O.P.No.8583 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2022
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.8583 of 2022
Sankar ... Petitioner
Vs.
1.The District Superintendent of Police,
Cuddalore District,
O/o.District Police Office,
Cuddalore.
2.The Inspector of Police,
Kumaratchi Police Station,
Kumaratchi,
Cuddalore District. ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to
direct the second respondent to remove the name of the petitioner from the list
of History Sheeted Rowdy in H.S.No.492/2007 maintained at the second
respondent police Station.
For Petitioner : Mr.G.Pugazhenthi
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor.
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Crl.O.P.No.8583 of 2022
ORDER
This Petition has been filed to direct the second respondent to remove
the name of the petitioner from the list of History Sheeted Rowdy in
H.S.No.492/2007 maintained at the second respondent police Station.
2. The learned counsel appearing for the petitioner would submit that
the petitioner is residing at Cuddalore along with his family and he is an
agriculturalist by occupation. His only son is studying VII standard, during this
academic year. Based on the false cases registered against the petitioner under
Tamil Nadu Prohibition Act about 10 years ago, the second respondent police
has harassing the petitioner. Even though, the petitioner is not involved in any
further criminal activities, at the instigation of the superior officers in the Police
Department, History Sheeted Rowdy Book was opened in HS.No.492 of 2007
at the second respondent police station, in order to harass the petitioner and to
restrict his movements. The petitioner was constantly compelled to attend the
police station in the pretext of enquiry. He would further submit that even
according to the records maintained by the second respondent, no case is
registered against the petitioner for the past 10 years. He is facing financial
crisis due to Covid-19 pandemic period and in order to lead his life peacefully,
the petitioner had made a representation on 21.03.2022 to the respondents to
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Crl.O.P.No.8583 of 2022
delete his name from the History Sheet book, but the respondents have not yet
considered till date. Therefore, he sought for allowing this Petition
3. The learned Additional Public Prosecutor appearing for the
respondents submitted that the petitioner is an habitual offender indulging in
rowdy activities, extortion, etc. Hence, History Sheeted Rowdy Book was
opened at the second respondent police station as against the petitioner and it is
being extended regularly as per the Police Standing Order. Therefore, he prays
to dismiss the writ petition.
4. Heard the learned counsel appearing for the petitioner and the learned
Additional Public Prosecutor appearing for the respondents.
5. The issue involved in this petition has already been dealt with by the
Madurai Bench of this Court and detailed order has been passed in
W.P.(MD)No.19651 of 2017 on 26.09.2018. On the basis of the above said
Order, the Director General Of Police, Chennai issued a circular in Rc.No.
66569/Crime 3(2)/2019 dated 24.04.2019, which reads as follows :-
7.From the above judgments the following
principles emerge insofar as history sheeters are
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Crl.O.P.No.8583 of 2022
concerned:
a. In order to facilitate the study of crime
and criminals, the Police Standing Orders provides
a mechanism, whereby every Police Station shall
maintain a crime history, which shall be a
confidential record. In this record all cases of crime
that are mentioned in PSO No.742, which provides
various classes of crime, shall be entered and even
an attempt to commit those offences, are entered in
the records maintained in the Police Station.
b. These crime records maintained by the
Various Police Stations shall be reviewed every year
by the Inspector of Police of the concerned Police
Station. On such review, the Inspector of Police has
to furnish a concise appreciation of the year's crime
for the benefit of the Superior Officers and also to
make suggestions in order to improve the quality of
crime control. The review undertaken by the
Inspector of Police is not merely a catalogue of the
crime in the year. It should reflect the valuable
suggestions in order to prevent such crimes in future
and to provide ways and means of handling serious
offences in an effective manner.
c. History Sheet can be opened by the
concerned Police Station under two circumstances.
The first circumstance is provided under PSO
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Crl.O.P.No.8583 of 2022
No.746, which states that the history sheet can be
opened against a person who is a resident
(permanently or temporarily) within the station
limit, who is known or believed to be addicted to
commission of crime, whether convicted or not.
Here the thrust is on the habituality or the
propensity to commit a crime by a person, which is
sought to be monitored by opening a history sheet.
d. The second category of persons against
whom history sheet can be opened are the persons,
who are convicted for various offences that has been
listed in PSO No.747, wherein opening of the history
sheet is automatic.
e. In the first category of opening history
sheet, month wise scrutiny or a close watch on the
person concerned is contemplated. Here also there
is sub-catogrization as, close watch bad characters
and non-close watch bad characters. In the former,
the entry shall be made month wise and in the later,
the entry shall be made once in a quarter. What is
entered is normally anything of interest in respect of
the bad character, which goes to the notice of the
Police. These records must be checked and brought
upto date once in a year. Here the main thrust is on
“Current Doings”.
f. In the second category of opening
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Crl.O.P.No.8583 of 2022
history sheet, a mere act of conviction under the
offences listed in PSO No.747 is enough. The name
of the persons, who have been convicted for those
offences can be retained for a period of two years
after their release from jail.
g. PSO No.748, is the most important
provision, which deals with discontinuance of
history sheet. This provision is common to both the
categories falling under PSO Nos.746 and 747. As
per PSO No.748, the Superintendent of Police may
order a closure of a history sheet at any time. But,
the Divisional Officer can order closure of history
sheet only after the expiry of the period stipulated in
PSO No.747.
h. As per PSO 748, where retention of the
history sheet is considered to be necessary, even
after two years of registration, orders of an Officer
of and above the rank of Assistant Superintendent of
Police/ Deputy Superintendent of Police must be
taken for extension for the first instance upto the
end of next December. For further annual extension
from January to December, separate orders must be
passed every time by an Officer of and above the
rank of Assistant Superintendent of Police / Deputy
Superintendent of Police. This provision is made
applicable even for rowdy sheeters.
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Crl.O.P.No.8583 of 2022
i. For the purpose of passing such orders,
there must be valid materials available on record
and it cannot be passed on the whims and fancies of
the Police Officers. Therefore, the authority
empowered to extend the period of retention of the
names of the persons in the history sheet, should
record his reasons based on both objective and
subjective instructions.
j. Branding a person as a history sheeted
rowdy, taints the name and image of the person. It is
true that the entire purpose of maintaining a history
sheet is to ensure public peace. However, it should
be balanced with the fundamental right guaranteed
to every citizen under Article 21 of the Constitution
of India. Therefore, a fair and reasonable decision,
based on the materials, with sufficient reasons,
becomes sine qua non to retain the name of a person
as a history sheeter beyond the period stipulated in
the Police Standing Orders.
k. This Court has time and again brought
the above principle to the notice of the Higher
Police Officials and in one of the judgments in
Manivanan Vs. State represented by The District
Collector, Coimbatore District and Others,
reported in (2013) 7 MLJ 501, this Court felt that
there is lack of understanding on the part of the
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Crl.O.P.No.8583 of 2022
Police in maintaining history sheet and therefore,
directed the Director General of Police to issue
necessary instructions / guidelines / circulars with
regard to the manner in which it has to be
maintained and the manner in which the orders will
have to be passed for extension of the period to
continue a person as a history sheeter.
8.The above principles that has been
culled out of various decisions of this Court will
now be applied to each case in order to see if the
Police officials have scrupulously followed all the
Police Standing Orders and the judgments of this
Court, while retaining the name of a person as a
history sheeter, beyond the stipulated period.
6. In view of the above circular passed by the Director General of
Police, Chennai, this Court is inclined to pass the following order :-
(i) the first respondent is directed to consider
the petitioner's representation, dated 21.03.2022 and
pass orders, on merits and in accordance with law,
within a period of four weeks from the date of receipt
of a copy of this Order.
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Crl.O.P.No.8583 of 2022
7. With the above direction, the Criminal Original Petition stands
disposed of.
18.04.2022
Index :Yes/No
Internet:Yes/No
shk/sai
To
1.The District Superintendent of Police,
Cuddalore District,
O/o.District Police Office,
Cuddalore.
2.The Inspector of Police,
Kumaratchi Police Station,
Kumaratchi,
Cuddalore District.
3. The Public Prosecutor,
High Court of Madras.
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Crl.O.P.No.8583 of 2022
A.D.JAGADISH CHANDIRA.,J
shk
Crl.O.P.No.8583 of 2022
18.04.2022
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