IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 24036 of 2010(Q) ---------------------------------------- C.C. NO.249/2006 OF JUDICIAL IST CLASS MAGISTRATE COURT -V KOZHIKODE. .............. PETITIONER(S): -------------------- -- V.T.ABOOBACKER, S/O.MOOSA MASTER, VALIYATHODI HOUSE, OLAVANNA, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION. 2. CITY POLICE COMMISSIONER, KOZHIKODE 3. STATE OF KERALA REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR, J. ------------------------- W.P. (C) No.24036 of 2010 -------------------------- Dated this the 20th October, 2010 J U D G M E N T Finding that name of the petitioner is included in the Rowdy List prepared by Nallalam Police, this petition is filed under Article 227 of Constitution of India for a writ of mandamus to quash Ext.P1 rowdy list to the extent of including the name of the petitioner therein. Petitioner would contend that though CC No.249/2006, was taken cognizance for the offences under Section 341 and 294 (b) of Indian Penal Code against the petitioner, by Ext.P2 judgment Judicial Magistrate of the First Class -V, Kozhikode acquitted the petitioner of the offences. Though CC No.701/2008 was taken cognizance on the report submitted by the police alleging that petitioner committed an offence under Section 10 of Unlawful Activities (Prevention) Act, 1967, by Ext.P3 order, this Court has already quashed the cognizance taken. According to the petitioner, he is not involved in any other case. It is contended that there is no provision in the Code of Criminal Procedure or in the Kerala Police Act to prepare a W.P. (C) No.24036 of 2010 2 rowdy list and the criterion adopted by the police for including petitioner in the rowdy list is not mentioned anywhere in the notice and inclusion of the name of the petitioner in the rowdy list is in violation of the fundamental rights of the petitioner and therefore a writ of mandamus is to be issued quashing Ext.P1 rowdy list so far it relates to the petitioner.. 2. The Sub Inspector of Police, Nallalam Police Station filed a statement to the effect that though crime No.236/2001 and 140/2006 were registered against the petitioner, in crime No.140/2006 petitioner was acquitted and crime No.236/2001 was quashed by this Court and the name of the petitioner was included in the rowdy list as he was engaged in unlawful activities and creating nuisance to the general public and also to his relatives as per the orders of the Assistant Commissioner of Police, South Kozhikode City, dated 15.8.2006. It is also stated that subsequently on the acquittal and quashing of the cases, finding that activities of the petitioner are good, a report was sent to the Assistant Commissioner of Police, South W.P. (C) No.24036 of 2010 3 Kozhikode City to delete the name of the petitioner, from the rowdy list on 21.8.2010. It is contended that while opening the rowdy list in the name of the petitioner there was no violation of the norms and conditions and therefore the petition is to be dismissed. 3. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 4. Though the Code of Criminal Procedure and Kerala Police Act do not provide for preparation of a rowdy list, Kerala Police Manual, 1970 Vol-II in Clause 259 of Chapter-III provides for preparation of rowdy history sheet. Chapter-III relates to Records of Crimes and Criminals and Surveillance of Bad Characters. Clause 250 the introduction to the Chapter reads " in order to facilitate the study of property crimes reported in Police Stations and of criminals involved in such cases, with a view to effectively deal with them, it is necessary to maintain a continuous record of the criminal history of such individuals and localities in all police stations. A careful study of these records will in a large measure help in crime W.P. (C) No.24036 of 2010 4 prevention work by taking due action in time against appropriate bad characters. The headings in the forms comprising the registers are self explanatory and do not call for individual elucidation". Clause 251 provides for maintenance of Station Crime History. Under the section, Station Crime History will be maintained in all Police Stations in six parts and it will be treated as a confidential record. Modifications necessary in respect of this record in Railway Police Stations are indicated in the chapter on Railway Police. It shows that Station Crime History is a record which is of great help to a new Station House Officer, an Investigating officer and also an Inspecting officer; the first for a proper study of crime and criminals in his new charge, the second for locating a criminal who would probably have committed the crime under investigation and the third for ascertaining whether the record is kept properly and utilised intelligently by the investigating and Station House Officers. Station Crime History Part-VI (Rowdy History Sheet) is provided under Clause 259. Clause 259 reads thus: W.P. (C) No.24036 of 2010 5 "259 (1). This is a record maintained individually in KPF 174 (D) to keep a progressive record and watch of the activities of persons found to be indulging in rowdyism. These sheets will be opened on the orders of the Sub Divisional Police Officer or any higher authority on the basis of reports from the local police officer or from other sources- (2) The main forms of rowdyism are:- (1) Indecent behaviour towards women and girls at educational centres, bus stands parks, Railway Stations, running trains etc.., by passing obscene remarks etc. This is popularly known as "Eve-teasing". (2) Habitually committing affray and rioting. (3) Habitually committing offences involving stabbing (324 IPC) (4) Threatening and beating up prosecution witnesses in court premises and forcing them to turn hostile, by hirelings employed by political parties, moneyed people etc. (5) Intimidation of peace loving people by acts of violence or by show of force or by abusive language. (6) Rowdyism in Cinema Halls, theatres, sports stadiums, milk booths, bus stands, toddy shops, running trains etc. (7) Habitual gambling, smuggling of food grains and illicit distillation. (8) Forcible collection of subscriptions. (9) Drunken and disorderly behaviour. (10) Decoying persons to houses of ill repute by pimps. (11) Snatching of gold chains etc. (12) Any other anti-social activity associated with violence W.P. (C) No.24036 of 2010 6 (3) The History Sheets will be maintained as shown below separately for each individual. Section I. (1) Police Station (2) District (3) Date of opening, with reference to the orders under which opened. (4) Date of closing, with the name and designation of the officer passing the order, and the reference number and date of the order. Section II. (1) Name of rowdy with aliases if any. (2) Age (approx) and year (3) Descriptive Roll (with photo if available) (4) Father's name (5) Address (6) Profession or occupation if any of the rowdy. (7) Probable haunts and resource. (8) Names of other Police Stations within whose jurisdiction also he may be active. (9) Associates with address. (10) Near relatives with their address. (11) Short biography and circumstances under which the sheet is opened. (12) Running History. N.B.: In the running history all the criminal activities of the rowdy including reasonable suspicion of his complicity in cases and/or complaints against him with crime numbers if any and result of the cases etc.;, should be mentioned in separate paragraphs which should be numbered chronologically. Against each entry in the running history there should be W.P. (C) No.24036 of 2010 7 references to G.D entries, crime Nos. mass petitions, petty cases etc. Section III. Petitions and enquiry reports which may be of relevant in future security proceedings. Section IV. Record of Check by C.Is and Instructions. (4) Rowdy history sheets in a Station shall be numbered serially in the following manner:- (1) Separately for those resident in the Station limits. (2) For non-residents separately for each Station. Serial number will be written in red ink and will be preceded by abbreviation letters denoting the particular Station. Note: The S.H.O of the Station in which the person for whom a Rowdy History Sheet is opened resides, shall furnish a copy of the sheet to the S.H.O of any other station in which also he may be active (ref. item 8 Section ii) of the sheet. (5) The Sub Inspector of Police in charge of the Station should maintain the Rowdy History Sheets personally or under his direct supervision. Whenever any entry is made in the G.D non-cognizable case register or Petty Case Register about an individual for whom a History Sheet is maintained, relevant notes from the above registers should be made in the History Sheets also. (6) The Circle Inspector of Police should check the Rowdy History Sheets of a Station during the visits and inspections and make a record of it W.P. (C) No.24036 of 2010 8 with instructions, if any, in Section IV of the Sheet. (7) Activities of non-resident rowdies should be promptly communicated to the concerned Police Station in B.C Rolls after making entries in item 12, Section II of Station History Sheet. (8) A Rowdy History Sheet may be closed on the orders of the Superintendent of Police, based on the recommendations of the Circle Inspector of Police routed through the Deputy Superintendent of Police Assistant Superintendent of Police. (9) List of Rowdies of a Circle will be maintained in the Office of the Circle Inspector of Police. The Circle Inspector of Police will check the list with the Rowdy History Sheets in the respective Police Station every half year. (10) Rowdies may be dealt with under the following provisions of Law:- (1) Section 106 Cr.P.C (Security for keeping the peace on conviction) (2) Section 107 Cr.P.C (Security for keeping the peace etc) (3) Section 109 Cr.P.C (Security from vagrants etc.) (4) Section 110 (F) Cr.P.C (Security for good behaviour from a person so desparate and dangerous etc.) (5) Sections 48, 51 and 51 A of the Kerala Police Act (For being found armed between sunset and sunrise intending to commit an offence, drunken and disorderly conduct, riotous W.P. (C) No.24036 of 2010 9 or indecent behaviour in street etc. respectively) (6) Prosecution in appropriate cases for obscene act - songs - Section 294 IPC. (7) Prosecution for any other specific offence that may be committed. 5. A proper appreciation of Clause 259 makes it clear that rowdy history sheet shall be maintained individually in Kerala Police Form 174 (D) to keep a progressive record and watch the activities of persons found to be indulging in rowdyism. Such sheets are to be opened on the orders of the Sub Divisional Police Officer or higher authority , based on the reports of the Local Police Officer or other sources. The forms of rowdyism as enumerated in Clause 259 are habitually committing affray and rioting, habitually committing stabbing, threatening and beating up prosecution witnesses in court premises and forcing them to turn hostile, intimidation of peace loving people by acts of violence or by show of force or abusive language, rowdyism in cinema halls, theatres, sports stadiums, milk booths, bus stands, toddy shops, W.P. (C) No.24036 of 2010 10 trains etc, forcible collection of subscriptions, habitual gambling and smuggling of food grains, illicit distillation, drunken and disorderly behaviour, decoying persons to houses of ill repute by pimps, snatching of gold chains etc. or other anti social activity associated with violence. Sub clause (5) of Clause 246 provides that a check register of rowdies shall be maintained in each Police Station and outposts in KPF No. 89 (A). 6. Therefore, in the light of the instructions in Kerala Police Manual, it cannot be said that maintenance of a rowdy list is unauthorised. There is specific provision for maintenance of rowdy history sheet and it is for a purpose. The question then is whether the name of the petitioner could have been included in the rowdy list in view of the categories of cases provided in sub clause (2) of clause 259. 7. Though two crimes were registered against the petitioner, one for the offences under Sections 341 and 294 (b) of Cr.P.C, petitioner has already been acquitted in the case after recording the evidence. Though another crime was registered under Section 10 of Unlawful Activities W.P. (C) No.24036 of 2010 11 (Prevention) Prevention Act 1967 on the allegation that petitioner is working for SIMI, this Court has already quashed the said crime as against the petitioner. There is no other case registered against the petitioner. 8. Learned Government Pleader submitted that two petitions were registered before Nallalam Police Station, the former on 31.12.2005 and the latter on 18.5.2006 and in the former the case was that petitioner scolded and caused obstruction of the lady complainant and in the latter the allegation was that petitioner has severed the service connection to the house of the complainant. There is no case that in any of these petitions, after conducting enquiry or investigation a crime was registered. Therefore, it is clear that there is no justification for including the name of the petitioner in the rowdy history sheet, as petitioner is not guilty of any form of rowdyism as provided under sub clause (2) of Clause 259 of Chapter-III of the Kerala Police Manual. Moreover, the statement by the Sub Inspector will show that the Sub Inspector has addressed the Assistant Commissioner of Police to remove W.P. (C) No.24036 of 2010 12 the name of the petitioner from the rowdy list. In such circumstances, name of the petitioner in the rowdy list can only be removed. The writ petition is allowed. Name of the petitioner in Ext.P1 rowdy history sheet maintained by Nallalam Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE ma