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Showing contexts for: rowdy sheet in Ari Gopi vs The State Of Andhra Pradesh, on 2 May, 2025Matching Fragments
2. The present writ petition is filed to issue a writ order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in opening a Rowdy sheet on the file of the 5th Respondent police station as illegal arbitrary and violative of Article 21 of the Constitution of India and violative of AP Standing orders consequently to set aside the same and to pass appropriate relief.
3. It is the torment of the writ petitioner that he was not convicted in any criminal cases and the 3 rd respondent Sub- Divisional Officer, Nellore has opened a Rowdy sheet vide 192 of 2022 and he was not involved in any criminal cases except in one case in Crime No. 221 of 2021 for the offence punishable under Sections 307 r/w 34 IPC and he was arrayed as 2nd accused in the charge sheet and he was acquitted by the Principal Assistant Sessions Judge, Nellore, in S.C. No. 39 of 2021 vide judgment dated 14.09.2022. Under no circumstances it warranted to open a rowdy sheet against one terming as habitual offender and the respondents have no power, authority or jurisdiction in opening and continuing the rowdy sheet.
9. In Puttagunta Pasi @ Penta Pasi v. Commissioner of Police1, a Division Bench of erstwhile High Court of Andhra Pradesh had an occasion to consider whether opening of a rowdy sheet under PSO 742 is proper and legal. Analysing cases decided by erstwhile High Court, the Division Bench held that opening of the rowdy sheets in a routine manner against persons who are not habitual offenders is not permissible and went on to lay down that:
"...............it is clear that rowdy sheets cannot be opened against any individual in a casual and mechanical manner. Dubbing a person as an habitual offender and to open a rowdy sheet is not sufficient. On the other hand, due care and caution shall be taken by the Police before characterising a person as a rowdy. The important element that has to be seen in the acts of an offender is whether the acts so committed by a person will have a tendency to disturb public peace and tranquility." As per the A.P. Police Manual Standing Order No.602(2), even though a suspect/rowdy having history sheet is not figuring as an accused in the previous 5 years after the last case in which he was involved, still the authorities can continue his history sheet if in their considered view, his activities are prejudicial to the maintenance of public order or one effecting peace and tranquility in the area or the victims are not coming [1998 (3) ALT 55] forward to give complaint against him on account of threat from him.
10. The legal validity of Chapter 37 of the A.P. Police Manual, which serves as the foundation for the creation of rowdy-sheets, suspect-sheets, and history-sheets, has been brought into question and challenged in W.P.No.3568 of 2022 and related cases. In a common order dated 15.07.2022, this Court addressed the issue extensively, taking into account relevant laws and previous judgments by the Supreme Court, particularly the landmark judgment in K.S. Puttaswamy v. Union of India2. This Court concluded that Chapter-37 of the A.P. Police Manual or A.P. Police Standing Orders on the basis of which the rowdy- sheets/suspect-sheets/history-sheets are being opened and surveillance is being kept on the individuals on the basis of the said rowdy-sheets/suspect-sheets/history-sheets, as deemed void.
11. At para 45 of the said common order, it is held as follows:
"45) Hence, the Writ Petition No.3568 of 2022 is allowed declaring the Standing Orders of A.P. Police Manual / A.P. Police Standing Orders to the extent of opening/ continuation of Rowdy Sheet, Suspect Sheet, History Sheet (2017) 10 SCC 1 etc., and on that basis the surveillance of the individual (in terms of Chapter 37 of the above said Standing Orders) as void. All the other Writ Petitions are also allowed. All the rowdy sheets opened in this batch of Writ Petitions are directed to be closed immediately. The police cannot open or continue a rowdy sheet or collect data pertaining to a person without the sanction of "law". Collection of personal data and its usage for prevention of crimes also can only be in accordance with a "law" which crosses the thresholds mentioned in the Constitution of India and the various judgments including K.S.Puttaswamy case (referred supra) since 'privacy' is now a Fundamental Right as per Part-III of the Constitution of India. It is reiterated that the police cannot (under the existing orders) indulge in night visits;