BREAKING | Allahabad HC Limits UP Police 'Unfettered' Power To Open History Sheets; Mandates Reasoned Orders, Objection Consideration & Yearly Review

In a significant order, the Allahabad High Court today effectively tossed out the "unfettered powers" of the Uttar Pradesh Police to open Class-B history sheets against citizens without observing the principles of natural justice. For context, as per the UP Police Regulation, Class-B history sheets are opened for “confirmed and professional criminals, who commit a crime other than dacoity, burglary, cattle theft and theft from railway goods, wagons, e.g., professional cheats and other experts for whom criminal, personal files are maintained by the Criminal Investigation Department. A bench comprising Justice Siddharth and Justice Subhash Chandra Sharma has now made it mandatory for police authorities to provide the proposed history-sheeter an opportunity to submit objections to the police station's report recommending the opening of history sheets against him/her. Furthermore, the court has also directed the official authorities to mandatorily consider the objections so submitted and pass a reasoned order only after such consideration. “It is high time that this practice should be stopped and before opening of history sheet of Class-A or Class-B against any citizen of the State, he should be given one opportunity to submit his objection before it is accepted by higher official of the police and before such officer directs opening of any Class of history sheet against a citizen. While directing opening of history sheet of Class -A and Class -B, the higher police authority shall record his reasons for directing opening of history sheet of any Class after considering the objection of the citizen filed against the report of the police station,” the Court observed in its 33-page order. The division bench passed this order as it criticised the existing process where a senior police officer can make the decision to open a history sheet by merely approving the report of the police station. The Court observed that the police regulations governing the opening of history sheets were introduced during colonial rule for the “subject Indians”, a time when the State was not democratic, hence, no requirements of observance of principles of natural justice were incorporated. However, it added, post the promulgation of the Constitution of India, adherence to natural justice, as enshrined under Article 14, has become 'imperative', especially when the 'right to life, livelihood and liberty of an individual is involved'. The Court noted that at present, the individuals against whom the history sheet is opened, are never afforded an opportunity to put their version against the police report. Once such a history sheet is opened, particularly of Class-B, the person remains under 'surveillance for life', making them 'vulnerable to police dictate, threat, and coercion throughout his life'.The bench also emphasized that such surveillance severely affects a person's "right to liberty" and violates Articles 14 and 21 of the Constitution. “Subjecting a citizen of a sovereign democratic State to surveillance cannot be said to be in accordance with Articles 14 and 21 of the Constitution of India. Such a person is condemned unheard,” the Court stated. The bench also took note of the misuse of the system, emphasising that “rampant false implications, because of personal and political rivalry,” are pretty common. The Court also pointed out that while guidelines for opening and reviewing Class-A history sheets were issued on November 3, 2022, by the Director General of Police, no such guidelines exist for Class-B history sheets, allowing police “absolute powers” to implicate individuals on any pretext. The case in brief The Court was dealing with a writ plea moved by four individuals (all related to each other) challenging the opening of a history sheet against all of them (vide an order passed in 2021 by the Deputy Commissioner of Police, Greater Noida, District Gautam Budh Nagar,) on the basis of their implication in common cases. It was their case that there were only two cases registered against the petitioners, one under Section 386 IPC and the second under Section 2/3(1) of the U.P. Gangsters Act. Against the backdrop, the Court analysed the provisions of the UP Regulation Act (which inter alia provides for Class-A and Class-B History sheets). It raised serious concerns about the colonial-era provisions in Chapter XX of the Police Regulations titled "REGISTRATION AND SURVEILLANCE OF BAD CHARACTERS." The Court noted that this chapter, spanning Regulations 223 to 276, reflected the 'then colonial state of mind' and included references to the repealed 'Criminal Tribe Act' of 1956. The Court observed that the regulations classify individuals or groups as 'habitual criminals' and even go to the extent of labelling certain types of criminals as "incapable of reform." Highlighting the 'seemingly repulsive provisions' of the Police...

BREAKING | Allahabad HC Limits UP Police 'Unfettered' Power To Open History Sheets; Mandates Reasoned Orders, Objection Consideration & Yearly Review

Sparsh Upadhyay

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