AAP MLA Amanatullah Khan Moves High Court Against History Sheet Declaring Him A 'Bad Character': Delhi Police Asked To Respond, No Interim Relief

Update: 2022-06-01 08:30 GMT
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The Delhi High Court on Wednesday sought the response of the city police on a plea filed by Aam Aadmi Party MLA Amanatullah Khan challenging opening of history sheet against him in March this year which had declared his as a bad character. A single judge bench comprising of Justice Sudhir Kumar Jain issued notice on the plea while listing the matter for further hearing on July 28. However,...

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The Delhi High Court on Wednesday sought the response of the city police on a plea filed by Aam Aadmi Party MLA Amanatullah Khan challenging opening of history sheet against him in March this year which had declared his as a bad character.

A single judge bench comprising of Justice Sudhir Kumar Jain issued notice on the plea while listing the matter for further hearing on July 28. However, the Court refused to grant any interim relief to Khan.

Advocate M Sufian Siddiqui appearing for Khan argued before the Court that the act of the Delhi Police of opening the history sheet was a brazen abuse of process of law.

He argued that the action was in contravention of the provisions of the Police Rules which states that there has to be confidentiality in the whole process.

"Instead of notifying the petitioner, they have circulated it in the media. It shows the mala fide conduct of Delhi Police. It vitiates the process including names of family members," he argued.

He also submitted that while the police is well within the powers to include the name of any person, however, he added that the rider in the said exercise is that the DCP concerned has to record definite reasons.

"As per their own circular issued by the DCP Headquarters, it mandates that the DCP concerned has to record reasons where there is no conviction," he said.

In this backdrop, it was argued that the SHO has done the exercise in a mala fide manner, without any material or basis to substantiate the allegations against Khan.

Accordingly, the Court asked the Delhi Police to file status report in the matter.

Case Title: Amanatullah Khan v. State

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