History Sheet Can't Include Details Of Minor Children In Absence Of Evidence Against Them: Supreme Court In MLA Amanatullah Khan's Case

While deciding on a plea of AAP MLA Amanatullah Khan against the action of Delhi Police declaring him a 'bad character' by opening a 'history sheet' against him, the Supreme Court on Tuesday (May 07) modified the decision of the Delhi High Court to the extent that- details of Khan's minor school-going children and his wife, against whom there was no adverse material, wouldn't be included in the 'History Sheet'.

Earlier, the Delhi Police entered appearance through Senior Counsel Sanjay Jain, was apprised by the Court of some disturbing contents of the History Sheet to the extent it pertained to the school-going minor children of the appellant and his wife, against whom there was no adverse material whatsoever for inclusion in the History Sheet.

Accepting to re-visit the archaic rule to ensure the dignity, self-respect, and privacy of innocent people, the Delhi Police amended the Standing Order on 'Surveillance of History Sheeters and Bad Characters' on 21.03.2024.

Being satisfied by the amended order, the Bench comprising Justices Surya Kant and KV Viswanathan directed the police authorities to give effect to the Standing Order dated 21.03.2024 forthwith in Khan's case also.

“The amended Standing Order emphatically says that no details of any minor relatives, i.e., son, daughter, siblings shall be recorded anywhere in the History Sheet unless there is evidence that such minor, has or earlier had, afforded shelter to the offender”, the court stated.

The court said that extra care and precautions to be observed by police officers while ensuring that the identity of a minor child is not disclosed as provided by law and that necessary steps are taken to address the appellant's (Khan's) grievances.

While referring to the amended standing order of the Delhi Police, the court noted that "the amended Standing Order further clarifies that 'History Sheet' is an internal police document and not a publicly accessible report. It has cautioned the police officers that care must be taken to ensure that identities of only those minor relatives are entered in the History Sheet against whom evidence exists that such minor had earlier afforded shelter to the offender, while he was on the run from the police."

The court directed the designation of a senior police officer in the rank of joint commissioner to periodically audit the review of the contents of the history sheets to ensure the deletion of names of such juveniles who are found to be innocent during the investigation.

“It goes without saying that if a Police Officer of Delhi Police is found to have acted contrary to the amended Standing Order and or the directions given herein above, prompt action against such delinquent officer shall be taken.”, the court added.

Background

Amanatullah Khan, a Member of Legislative Assembly from Okhla Constituency in Delhi approached the Supreme Court against the decision of the Delhi High Court which upheld the decision of the Delhi Police to list him as a 'bad character.' The Apex Court had issued notice in the present plea last year.

The AAP MLA argued that the Delhi Police act of opening the history sheet was a flagrant abuse of process of law and violated the rules of the Police Rules that require confidentiality throughout the process. It has been alleged that Police Officials abused their powers under the Police Rules.

In the petition, Khan stated that he is neither a convicted nor a proclaimed offender. However, as an elected official and mass leader who advocates for the rights of the oppressed, the petitioner has had run-ins with the Delhi police, according to the plea. For example, he recounts a case filed by the Delhi Police against him in May 2022 for protesting the demolition of homes and shops by the South Delhi Municipal Corporation in his area.

Earlier on 29.04.2024, the court ordered that no details of any minor relatives should be recorded anywhere in the history sheet unless there is evidence that such a minor has afforded shelter to the offender. The Court also observed that the police authorities must exercise extra care and precaution to ensure that the child's identity is not disclosed in the history sheet.

Case Details: Amanatullah Khan Versus The Commissioner Of Police, Delhi And Ors., SLP(Crl) No. 5719/2023

Citation : 2024 LiveLaw (SC) 351

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