Madras High Court
R.Sangli Pandian vs The Superintendent Of Police on 29 July, 2020
Equivalent citations: AIRONLINE 2020 MAD 1879
Author: R.Pongiappan
Bench: R.Pongiappan
W.P.(MD)No.7488 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 23.07.2020
Pronounced on : 29.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
W.P.(MD)No.7488 of 2020
R.Sangli Pandian ... Petitioner
Vs.
1.The Superintendent of Police,
Thoothukudi District.
2.The Deputy Superintendent of Police,
Kovilpatti Division,
Thoothukudi District.
3.The Inspector of Police,
Kovilpatti West Police Station,
Thoothukudi District.
4.The Sub-Inspector,
Kovilpatti West Police Station,
Thoothukudi District. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Mandamus, directing the
respondents to consider the petitioner's representation dated 02.03.2020
and delete the entry made against the petitioner, in the History Sheet in
H.S.No.179/2018, pending on the file of the fourth respondent.
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W.P.(MD)No.7488 of 2020
For Petitioner : Mr.R.Venkateswaran
For Respondents : Mr.S.Chandrasekar
Additional Public Prosecutor
ORDER
The prayer sought for in the present Writ Petition is, to direct the respondents to close the History Sheet opened against the petitioner, in H.S.No.179/2018.
2.The learned counsel appearing for the petitioner would submit that based on the complaint given by one Mariselvam and his father, the fourth respondent herein registered two cases against the petitioner in Crime Nos.77 of 2018 and 177 of 2018. After registration of the said cases, both the cases have been quashed by this Court based on the compromise memos dated 30.08.2018 and 30.09.2018, following an amicable settlement between the petitioner and the borrower. However, the third respondent police registered an F.I.R. against the petitioner in Crime No.524 of 2018 under Sections 294(b), 323 and 506(i) of I.P.C. Further taking vengeance against the petitioner on 02.12.2018, the third respondent police took the petitioner under the guise of enquiry and registered two theft cases in Crime Nos.485 of 2018 and 605 of 2018 on the file of the third respondent, as if the petitioner had involved in the http://www.judis.nic.in 2/11 W.P.(MD)No.7488 of 2020 theft cases. Further, during the time of filing bail applications, the respondent police furnished two more cases in Crime No.141 of 2014 under Section 107 of Cr.P.C. and Crime No.262 of 2016 under Section 143 of I.P.C. @ Section 71(A)(1) of the Tamil Nadu City Police Act, but in those cases, no notice was served on the petitioner. In continuation, in order to harass the petitioner and to restrict his movements, at the instigation of the Superior Officers in the Police Department, History Sheet Book was opened against him at the fourth respondent Police Station and the petitioner was compelled to attend the Police Station under the pretext of enquiry in the routine manner. In this regard, the petitioner had made a representation dated 02.03.2020 to delete the entry made against him in the History Sheet, but the respondents have not yet considered the same till date. Therefore, he seeks the indulgence of this Court.
3.The learned Additional Public Prosecutor appearing for the respondents submitted that the petitioner is an habitual offender and is indulging in rowdy activities, extortion and Katta Panchayats, etc., for which, the following cases have been registered against him.
http://www.judis.nic.in 3/11 W.P.(MD)No.7488 of 2020 Sl. Name of the Police Crime No. and Section of Stages of the No. Station Law case 1 Kovilpatti West Cr.No.262/2016 u/s.143 Action Dropped P.S. IPC & 71A(1) TNCP Act 2 Kovilpatti West Cr.No.141/2014 u/s.107 Bound over P.S. Cr.P.C. 3 Kovilpatti West Cr.No.77/2018 u/s.342, Quashed P.S. 294(b), 307 & 506(ii) IPC 4 Kovilpatti West Cr.No.485/2018 u/s.457 & Pending Trial P.S. 380 IPC 5 Kovilpatti West Cr.No.605/2018 u/s.457 & Pending Trial P.S. 380 IPC 6 Kovilpatti West LIR.No.54/2019 u/s.110 Pending P.S. Cr.P.C.
7 Kovilpatti East P.S. Cr.No.607/2017 u/s.279 & CON 338 IPC 8 Kovilpatti East P.S. Cr.No.524/2018 u/s. Pending Trial 294(b), 323 & 506(i) IPC 9 Kayathar P.S. Cr.No.175/2019 u/s.379 Under IPC & 21(1) Mines & Investigation Minerals Act Therefore, History Sheet Rowdy Book was opened at the third respondent Police Station as against the petitioner and it is extended regularly as per the Police Standing Order. Therefore, he prayed for dismissal of this Writ Petition.
4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. http://www.judis.nic.in 4/11 W.P.(MD)No.7488 of 2020
5.The issue involved in this Writ Petition has already been dealt with by 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 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 http://www.judis.nic.in 5/11 W.P.(MD)No.7488 of 2020 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 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-categorization 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, http://www.judis.nic.in 6/11 W.P.(MD)No.7488 of 2020 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 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 http://www.judis.nic.in 7/11 W.P.(MD)No.7488 of 2020 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.
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 http://www.judis.nic.in 8/11 W.P.(MD)No.7488 of 2020 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 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 :-
The third respondent is directed to consider the petitioner's representation, dated 02.03.2020 and pass orders, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
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7.This Writ Petition stands disposed of with the above direction. No costs.
Index: Yes/No 29.07.2020
Internet: Yes
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Note :- In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Superintendent of Police, Thoothukudi District.
2.The Deputy Superintendent of Police, Kovilpatti Division, Thoothukudi District.
3.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
4.The Sub-Inspector, Kovilpatti West Police Station, Thoothukudi District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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smn2 Pre-delivery order in W.P.(MD)No.7488 of 2020 29.07.2020 http://www.judis.nic.in 11/11