High Court Dismisses Plea By AAP MLA Amanatullah Khan Against Delhi Police’s History Sheet Declaring Him A 'Bad Character'

The Delhi High Court on Thursday dismissed a plea moved by Aam Aadmi Party MLA Amanatullah Khan challenging opening of history sheet against him by Delhi Police in March last year declaring him as a bad character.

Justice Sudhir Kumar Jain however granted liberty to Khan to file a representation to the Delhi Police. Copy of the judgment is awaited.

During the course of hearings, Advocate M Sufian Siddiqui appearing for Khan had submitted before the court that the act of Delhi Police of opening the history sheet was a brazen abuse of process of law.

He had also contended 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 had argued.

He also submitted that while the police is well within the powers to include the name of any person, however, 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.

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.”

Case Title: Amanatullah Khan v. State

Citation: 2023 LiveLaw (Del) 64