Specify Details Of Website, Platform Where Info On Criminal History Of Citizens Is Publicly Available: Allahabad HC To DGP

The Allahabad High Court has asked the Director-General of Police, Uttar Pradesh Police to disclose the details of the website/platform from where information regarding the criminal history of accused persons could be accessed by the public at large.

The Bench of Justice Manoj Kumar Gupta and Justice Om Prakash Tripathi also questioned as to why information relating to the criminal history of a citizen is not in the public domain and why it is password protected.

Essentially, the Bench was dealing with a criminal appeal filed by one Shamsher, when while dealing with his bail plea, the Court was informed that he has a criminal history consisting of four other cases, however, the same had not been disclosed in the instructions furnished to the Government Advocate earlier.

Since confusion arose regarding the criminal history of the appellant, the Court asked the Sub-Inspector, Police Station Zarif Nagar, District Badaun, to be present before the on January 10, 2022, along with his explanation regarding the counter affidavit filed by him stated that "the appellant has no criminal history to his credit".

Further, the Court also directed the Superintendent of Police, Badaun to hold an inquiry, ascertain correct facts and submit his report along with his affidavit.

"In case he comes to the conclusion that the appellant had criminal history but it was not disclosed in the counter affidavit, he shall identify the person responsible for furnishing incorrect information and take appropriate action against him and apprise the Court of the same in the affidavit to be filed by him," the Court further directed.

Thereafter, the Court made a query as to why the search report annexed with the counter affidavit does not indicate the criminal history of the appellant and whether the A.G.A. drafting the counter affidavit himself made search to ascertain the correctness of the information being provided to him by the police or not.

To this, S.A. Murtaza, A.G.A. submitted that the website of District Crime Records Bureau (DCRB) and Crime and Criminal Tracking Network and Systems (CCTNS) are not accessible through the office of the Advocate General/Government Advocate and only the district police have access to the same.

In response to this submission, the Court observed thus:

"We fail to understand why information relating to the criminal history of a citizen is not in the public domain and why it is password protected. We call upon the Director-General of Police to examine the said aspect and file his affidavit disclosing the website/platform from where such information could be accessed by the public at large. If no such access is available, he shall also disclose the remedial measures which he proposes to take. "

Case title - Shamsher v. State of U.P. 

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