1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.1985 of 2011 And M.P.(MD).Nos. 1 to 3 of 2011 Godwin : Petitioner Vs 1. The Deputy Superintendent of Police Colachel Kanyakumari District 2. The Inspector of Police Karungal Police Station Kanyakumari District 3. The Sub Inspector of Police Karungal Police Station Kanyakumari District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of permission and approval granted by the first respondent for inclusion of the petitioner in history sheet dated 30.10.2008 and quash the same and consequently direct the respondents to remove the petitioner's name in the history sheet maintained by the respondents. For petitioner : Mr.F.Deepak For RR 1 to 3 : Mr.K.Balasubramanian Additional Government Pleader O R D E R The Writ Petition has been filed by the petitioner challenging the order declaring him as a history sheet rowdy. 2. According to him, the order is not in accordance with the Police Standing Orders. The learned counsel appearing for the petitioner would contend that the order is passed as early as on 30.10.2008, but even till date, he is being called up, enquired and treated as a history sheet rowdy. He would also contend that the history sheet was opened along with one Dev, only as an associate. As far as Mr.Dev is concerned, by an order dated 06.04.2010 in W.P. https://hcservices.ecourts.gov.in/hcservices/ 2 (MD).No. 3443 of 2010, the history sheet itself was quashed. Therefore, the petitioner's name in the history sheet should also be closed. Hence, the petitioner has come forward with this Writ Petition. 3. The learned Government Advocate on instructions would contend that the petitioner was involved in Crime Nos. 315 of 2007, 81 of 2008, 333 of 2008 and 344 of 2008 and after the history sheet has been opened, he is involved in Crime Nos. 234 of 2009 and 165 of 2009 and he is still under the Surveillance of the police. Therefore, he would contend that it is always open to the petitioner to approach the Deputy Superintendent of Police (DCRB), for any modification in the history sheet or cancel the same. 4. Heard both sides. 5. The petitioner challenges the very opening of the history sheet in his name on the ground that the Police Standing Orders have not been followed. In this connection, he would also contend that in view of the fact that the main history sheeter name itself has been quashed by this Court, this will automatically quash in favour of the petitioner also to the same benefit. He would also contend that the authorities have not followed the Police Standing Orders 746 and 748. Even though he would contend that the orders have not been passed in accordance with law, no specific ground has been made in so far as to the violation. 6. The history sheet can be opened as against the person, who are involved in number of cases and the Police Stating Orders indicate how in what manner, the history sheet can be continued. In fact, Police Standing Orders 746, 749 (1) & (3) deals with the entire details and the same is extracted hereunder:- PSO 746: (1) Part V (Form No.111) shall contain the history sheets of the persons resident permanently or temporarily in their Station limits who are known or believed to be addicted to or to aid and abet the commission of crime, whether convicted or not or who are believed to be habitual receivers. Only sheet Nos. 1, 3, 7 and 8 are to be maintained in the History Sheet forms in use in Station. Sheet No.9 should also be maintained, if a photograph of the criminal is available. Note: This sub-paragraph will not effect the History Sheets maintained in Crime Records Bureau. (2) At the back of sheet No.1, below item 7, the following descriptive details should be shown: Age, Height, Complexion, and particular marks of identification. (3) I sheet 8 under heading the “Current doings” entries which are informative and useful https://hcservices.ecourts.gov.in/hcservices/ 3 based on the facts ascertained both by the Sub- Inspector and his men since the date of last entry, shall be made month-wise for close watch bad characters and quarterly for non-close watch bad characters. Anything of interest coming to notice in respect of a bad character during a month should be entered then and there, without waiting for the end of the month or the quarter. (4) The entries in the various columns in the History sheet should be checked by the Sub- Inspector personally and brought upto-date once a year. The fact of such verification should be certified by him in the column under the “Current doings”. PSO 748: “(1) History Sheets shall be closed by the definite orders of an officer of and above the rank of Assistant Superintendent of Police / Deputy Superintendent of Police and shall be filed in the Station. The History Sheets of persons who have died shall be destroyed under orders of an office of and above the rank of Assistant Superintendent of Police /Deputy Superintendent of Police. The Superintendent of Police may order the closure of a History Sheet at any time but a Divisional Officer may only do so on the expiry of the period named above. (2) Where retention of a History Sheet is considered necessary 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 the extension in the first instance upto the end of the next December and further annual extensions from January to December.” 7. In this Writ Petition, we can only examine whether the decision making process stands the test of judicial revenue. According to the police, even after the history sheet has been opened, the petitioner was involved in Crime Nos. 234 of 2009 and 165 of 2009. Since in this case, the history sheet opened in the year 2009. As per the Police Standing Orders 748 (2), if it is considered necessary 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 the extension in the first instance upto the end of next December. https://hcservices.ecourts.gov.in/hcservices/ 4 8. In this case, the original order is passed on 30.10.2008, ordinarily the order should have come to an expiry on 30.10.2010 and even though extend the order, that will end on or before 31.12.2010. Thereafter, if it is to be extended, an order of Assistant Superintendent of Police / Deputy Superintendent of Police is necessary. In this case as per the written instructions, they themselves have stated that the petitioner is entitled to approach the Deputy Superintendent of Police, DCRB, to seek for any cancellation of the history sheet. In this connection, the Division Bench of this Court, in which, I am a party in Selvaraj and others Vs. The Inspector of Police and others reported in 2010 Writ L.R. 335. Where the question of cancellation or challenge to the history sheet was made, the Writ Appeal finally disposed of with the above direction. Paragraph 10 of the said Judgment reads as follows:- “In the present case, the history sheets were opened on 09.04.2006 and as per the Police Standing Orders, it should come to an end with December, 2007. Neither the counsel for the appellants nor the Government Advocate has the information regarding whether the history sheet has been continued after December 2007. Police Standing Orders indicate how and in what manner the history sheet can be continued. Therefore, the Writ Appeals are disposed of directing as follows:- If the History Sheets have come to an end with December, 2007, no further directions are necessary. Otherwise, the respondents shall strictly follow the above Police Standing Orders before passing any orders. No order as to costs.” 9. In this case also, similar direction is issued, if the history sheet has already come to an end with December 2010, no further directions are necessary. If it is still continuing, the respondents shall strictly follow the above Police Standing Orders before passing any orders. 10. With the above said direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are also closed. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1. The Deputy Superintendent of Police Colachel, Kanyakumari District https://hcservices.ecourts.gov.in/hcservices/ 5 2. The Inspector of Police Karungal Police Station Kanyakumari District 3. The Sub Inspector of Police Karungal Police Station Kanyakumari District +1cc to Mr.F.Deepak, Advocate, Sr.No.13285 +1cc to the Special Govt.Pleader, Sr.No. 13456 vsg ssk/29.04.2011 /6c -5p/- W.P.(MD).No.1985 of 2011 and M.P.(MD).Nos. 1 to 3 of 2011 08.04.2011 https://hcservices.ecourts.gov.in/hcservices/