Ensure Identities Of Minors Aren't Disclosed In AAP MLA Amanatullah Khan's History Sheet : Supreme Court To Delhi Police

The Supreme Court on Monday (April 29) disposed of the petition filed by Aam Aadmi Party MLA Amanatullah Khan challenging the opening of a history sheet against him by Delhi Police in the year 2022, declaring him a 'bad character.' While doing so, the Court directed that the amended Standing order issued last month by the Commissioner of Delhi will be applicable in this case. As per this order, no details of any minor relatives should be recorded anywhere in the history sheet unless there is evidence that such a minor has afforded shelter to the offender. The Court also observed that the police authorities must exercise extra care and precaution to ensure that the child's identity is not disclosed in the history sheet."Secondly, the extra care and precaution which is required to be observed by the police authorities in ensuring that the identity of the child is not disclosed as per the law, is also a necessary step.," Justices Surya Kant and K. V. Viswanathan marked in their order. Khan, a Member of the Legislative Assembly (MLA) who represents the Okhla constituency of Delhi, moved the top court against the High Court order which upheld the decision of the Delhi Police to list him as a 'bad character.' The Apex Court had issued notice in the present plea last year. In furtherance to the above-mentioned order, the Court also directed the Commissioner of Police, Delhi, to designate a senior police officer in the rank of joint commissioner or above who shall periodically audit the contents of the history sheet. The same police officer will ensure the maintenance of confidentiality and desirability of deleting the names of such persons/juveniles/ children who were, during the investigation, found innocent and are entitled to be expunged from the category of “relations and connections” in a history sheet. Seemingly, the instant history sheet contained some disturbing contents pertaining to school going children and their mother against whom there was apparently no material whatsoever. The Court noted that the format of the history sheet was prescribed as per the Punjab Police Rules, 1934, Rules, as were applicable in the NCT Delhi. Senior Advocate Sanjay Jain, appearing for Delhi Police, placed on record the amended standing order issued by the Commissioner of Delhi. After perusing the same, the Court found that in the column of "relations and connections," identities of only those persons will be reflected who can afford to shelter the offender when he is running from the Police. It shall further also include the names of his associates in crime. However, it emphatically states that no details of any minor relatives should be recorded anywhere in the history sheet unless there is evidence that such a minor has afforded shelter to the offender. “Secondly, the amended provision now mandates that Section 74 of the Juvenile Justice Act, 2015 shall be meticulously followed whereunder there is a prohibition on disclosing the identity of a child in conflict with law or a child in need of care and protection or a child victim or a witness to a crime.,” the Court added in its order. The Court had also highlighted that the amended standing order clarified that the history sheet is an internal document and not a publicly accessible report. So, it has cautioned the police officer that care must be taken that identities of only those minors against whom evidence exists., the Court said. In view of the above projection, the Court directed that the amended Standing order shall be given effect “forthwith” in the present case as well.Before parting, the Court also added that if a police officer acts contrary to the amended standing order or the directions mentioned above, firm action against such delinquent officer will required to be taken.The case of the AAP MLA was that the act of Delhi Police of opening the history sheet was a brazen abuse of the process of law and in contravention of the provisions of the Police Rules, which states that there has to be confidentiality in the whole process. It has been contended that Police Officials have exercised powers under the Police Rules in a perverse and malafide manner. Case Title: Amanatullah Khan Versus The Commissioner Of Police, Delhi And Ors., SLP(Crl) No. 5719/2023Click Here To Read/Download Order

Ensure Identities Of Minors Aren't Disclosed In AAP MLA Amanatullah Khan's History Sheet : Supreme Court To Delhi Police

Gyanvi Khanna

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