Document Fragment View

Matching Fragments

(c) persons under security under sections 109 or 110, Code of Criminal Procedure;
(d) convicts, released before the expiration of their sentences under the Prisons Act and Remission Rules without the imposition of any conditions.

NOTE.- This rule must be strictly construed, and entries must be confined to the names of persons falling in the four classes named therein". Rule 23.5 provides that the surveillance register shall be written up by the officer incharge of the Police Station personally or by an Assistant Sub Inspector. No entry in Part II is to be made except by the order of the Superintendent of Police and no entry in Part I is to be made except by the order of a Gazetted Officer. It is also provided that ordinarily a history sheet shall be opened for a person before his name is entered in Part II of the Surveillance Register. If from the entries in the history sheet the Superintendent is of opinion that such person should be subjected to surveillance he shall enter his name in Part II of the register. In the case of persons who have never been convicted or placed on security for good behaviour their names shall not be entered until the Superintendent has recorded definite reasons for doing so. The recording of reasons is to be treated as confidential.

316

Rule 23.7 prescribes that Police surveillance shall comprise such close watch over the movements of the person under surveillance, by Police Officers, Village headmen and village watchmen as may be applicable without any illegal interference. Rule 23.8 provides that the initial preparation of a history sheet is to be done with great care and invariably, by the officer incharge of the Police Station or by a thoroughly experienced Sub Inspector. Detailed provision is made in the Rules with regard to the preparation, maintenance and custody of history sheets. Rule 23.31 provides that all records connected with Police surveillance are confidential and nothing contained in them may be communicated to any person and that inspection may not be allowed or copies given. The District Magistrate and the Ilaqa Magistrate are, however, entitled to examine the records in accordance with Rules 1.15 and 1.21.

"(1) Everyone's right to respect for his private and family life, his home and his correspondence shall be recognised.
(2) There shall be no interference by a public authority with the exercise of this right, except such as is in accordance with law and is necessary in a democratic society in the interests of national security, public safety, for the prevention of disorder and crime or for the protection of health or morals".

As we said, discreet surveillance of suspects, habitual and potential offenders, may be necessary and so the maintenance of history sheet and surveillance register may be necessary too, for the purpose of prevention of crime. History sheets and surveillance registers have to be and are confidential documents. Neither the person whose name is entered in the register nor any other member of the public can have access to the surveillance register. The nature and character of the function involved in the making of an entry in the surveillance register is so utterly administrative and non-judicial, that it is difficult to con-

The entry in the surveillance register is to be made on the basis of the material provided by the history sheet whose contents, by their very nature have to be confidential. It would be contrary to the public interest to reveal the information in the history sheet, particularly the source of information. Revelation of the source of information may put the informant in jeopardy. The observance of the principle of natural justice, apart from not serving the ends of justice may thus lead to undesirable results. We accordingly held that the rule audi altrem partem is not attracted.