New Delhi: The Supreme Court on Tuesday asked the police of states and union territories to ensure that the names of innocent people and persons from backward communities do not figure in the history sheets.
Initiating the suo motu action, a bench of Justices Surya Kant and KV Vishwanath said there were certain studies available in the public domain which revealed an "unfair, prejudicial and tyrannical" mentality.
The top court said that police authorities of states and Union Territories should ensure that mechanical entries in the history sheet are made against innocent persons belonging to backward communities, Scheduled Castes or Scheduled Tribes as well as socially, economically and educationally deprived backgrounds. The top court said that the history sheet is an internal public document and not a publicly accessible report. It said that police officers should take extra care and caution while ensuring that the history sheet does not disclose the identity of the minor as provided by law."It is alleged that police diaries are maintained selectively only of persons belonging to Vimukta castes on the basis of caste bias, as was the case during the colonial period," the court said.
"All State Governments are, therefore, expected to take necessary preventive measures to protect such communities from impermissible targeting or prejudicial treatment. We must bear in mind that these pre-conceived notions are often associated with communities," the bench said. They represent 'invisible victims' due to prevalent stereotypes, which can often hinder their right to live a life with self-respect."
The top court said that a periodic audit mechanism would serve as an important tool to review and scrutinize the entries made in the history sheet.
Through effective implementation of audit, we can secure the elimination of such abusive practices and raise legitimate hope that the right to live with human dignity guaranteed under Article 21 is well protected, it said."We are aware of the fact that the States or Union Territories other than NCT of Delhi are not before us. They have not been heard. Thus no positive order can be issued to them. Further, we are aware of the prevailing situation There is no information about the rules/policies or standing orders prevalent in various states/UTs.“Therefore, we consider it appropriate, at this stage, to direct all States/Union Territories to re-look at their policy regime and consider whether suitable amendments are required on the lines of the 'Delhi Model' So that our comments can be given effect to in true sense, paragraphs 14 to 16,” the bench said.
The apex court directed its registry to send a copy of this judgment to the Chief Secretaries and Directors General of Police of all the States and Union Territories so that they may consider and comply with the above as soon as possible, but not earlier than six months. Months. The top court's comments came in a judgment on AAP ML Amanatullah Khan's plea challenging the Delhi Police's decision to declare him a "bad character".
The top court said that the decision taken by the Delhi Police that the history sheet is only an internal police document and will not be brought in the public domain, largely resolves the concern."Secondly, the extra care and caution exercised by the police office, in ensuring that the identity of even a minor child is not disclosed as per law, is a necessary step for redressal of the grievances of the appellant. It certainly "We also direct the Commissioner of Delhi Police to nominate a senior police officer of the level of Joint Commissioner who will review the contents of the history papers from time to time. "Will ensure confidentiality and permit deletion of names of such juveniles who are found innocent during investigation," it said.Needless to say, if any Delhi Police officer is found to be acting contrary to the amended standing order or the instructions given above, prompt action will be taken against such erring officer.
The high court had on January 19 last year rejected Khan's plea against the city police's decision to declare him a "bad character". However, it had given him the freedom to make representations before the authorities concerned to remove the bad character tag. Delhi Police had declared Khan, the Aam Aadmi Party MLA from Okhla, as a bad character last year.
Khan's lawyer had argued before the High Court that the officials "acted absolutely maliciously" and claimed that the facsimile of the history paper, which is a confidential document, was made by a spokesperson of a rival political party to "defame" him. Was shared on social media. His image. According to the police, a person who is involved in several criminal cases including murder and attempt to murder and can disturb peace in an area can be categorized as a bad character.
Initiating the suo motu action, a bench of Justices Surya Kant and KV Vishwanath said there were certain studies available in the public domain which revealed an "unfair, prejudicial and tyrannical" mentality.
The top court said that police authorities of states and Union Territories should ensure that mechanical entries in the history sheet are made against innocent persons belonging to backward communities, Scheduled Castes or Scheduled Tribes as well as socially, economically and educationally deprived backgrounds. The top court said that the history sheet is an internal public document and not a publicly accessible report. It said that police officers should take extra care and caution while ensuring that the history sheet does not disclose the identity of the minor as provided by law."It is alleged that police diaries are maintained selectively only of persons belonging to Vimukta castes on the basis of caste bias, as was the case during the colonial period," the court said.
"All State Governments are, therefore, expected to take necessary preventive measures to protect such communities from impermissible targeting or prejudicial treatment. We must bear in mind that these pre-conceived notions are often associated with communities," the bench said. They represent 'invisible victims' due to prevalent stereotypes, which can often hinder their right to live a life with self-respect."
The top court said that a periodic audit mechanism would serve as an important tool to review and scrutinize the entries made in the history sheet.
Through effective implementation of audit, we can secure the elimination of such abusive practices and raise legitimate hope that the right to live with human dignity guaranteed under Article 21 is well protected, it said."We are aware of the fact that the States or Union Territories other than NCT of Delhi are not before us. They have not been heard. Thus no positive order can be issued to them. Further, we are aware of the prevailing situation There is no information about the rules/policies or standing orders prevalent in various states/UTs.“Therefore, we consider it appropriate, at this stage, to direct all States/Union Territories to re-look at their policy regime and consider whether suitable amendments are required on the lines of the 'Delhi Model' So that our comments can be given effect to in true sense, paragraphs 14 to 16,” the bench said.
The apex court directed its registry to send a copy of this judgment to the Chief Secretaries and Directors General of Police of all the States and Union Territories so that they may consider and comply with the above as soon as possible, but not earlier than six months. Months. The top court's comments came in a judgment on AAP ML Amanatullah Khan's plea challenging the Delhi Police's decision to declare him a "bad character".
The top court said that the decision taken by the Delhi Police that the history sheet is only an internal police document and will not be brought in the public domain, largely resolves the concern."Secondly, the extra care and caution exercised by the police office, in ensuring that the identity of even a minor child is not disclosed as per law, is a necessary step for redressal of the grievances of the appellant. It certainly "We also direct the Commissioner of Delhi Police to nominate a senior police officer of the level of Joint Commissioner who will review the contents of the history papers from time to time. "Will ensure confidentiality and permit deletion of names of such juveniles who are found innocent during investigation," it said.Needless to say, if any Delhi Police officer is found to be acting contrary to the amended standing order or the instructions given above, prompt action will be taken against such erring officer.
The high court had on January 19 last year rejected Khan's plea against the city police's decision to declare him a "bad character". However, it had given him the freedom to make representations before the authorities concerned to remove the bad character tag. Delhi Police had declared Khan, the Aam Aadmi Party MLA from Okhla, as a bad character last year.
Khan's lawyer had argued before the High Court that the officials "acted absolutely maliciously" and claimed that the facsimile of the history paper, which is a confidential document, was made by a spokesperson of a rival political party to "defame" him. Was shared on social media. His image. According to the police, a person who is involved in several criminal cases including murder and attempt to murder and can disturb peace in an area can be categorized as a bad character.
