Don't Name Innocent Individuals In 'History Sheets' Simply Based On Their Caste Or Disadvantaged Background: Supreme Court To State/ UTs

While exercising its suo moto powers, the Supreme Court on Tuesday (May 07) directed all States/Union Territories to revisit their policy concerning making mechanical entries in 'History Sheet' mentioning the details of the innocent individuals, who hail from the social, economic and educational disadvantaged backgrounds, along with those belonging to Backward Communities, Scheduled Castes & Scheduled Tribes.

“While we are not sure about the degree of their authenticity, but there are some studies available in the public domain that reveal a pattern of an unfair, prejudicial and atrocious mindset. It is alleged that the Police Diaries are maintained selectively of individuals belonging to Vimukta Jatis, based solely on caste-bias, a somewhat similar manner as happened in colonial times”, the Bench comprising Justices Surya Kant and KV Viswanathan said.

The court necessitated for the State Governments to take necessary preventive measures to safeguard such communities from being subjected to inexcusable targeting or prejudicial treatment.

“We must bear in mind that these pre-conceived notions often render them (innocent individuals) 'invisible victims' due to prevailing stereotypes associated with their communities, which may often impede their right to live a life with self-respect.”, the court added.

The Court underscored the value of human dignity and life which is deeply embedded in Article 21 of the Constitution by observing that the mentioning of the innocent individual's details in the history sheet goes against the life worthy of human honor.

“Self-regard, social image and an honest space for oneself in one's surrounding society are just as significant to a dignified life as are adequate food, clothing and shelter.”, the court said.

The aforesaid observation of the Supreme Court came while deciding the plea of AAP MLA Amanatullah Khan against the action of the Delhi Police to characterize him as of 'bad character' by opening a 'history sheet' against him.

The Delhi Police in a history sheet against Khan had disclosed the details of his minor school-going children and wife, against whom there was no evidence. Moreover, the history sheet was widely publicized in the public domain.

The court affirmed the amended standing order issued by the Delhi Police after the standing order was rectified by the Delhi Police to not include the details of the innocent individuals against whom there exists no evidence to disclose their identities in the history sheet.

Also, the court noted that a periodic audit mechanism overseen by a senior police officer would serve as a critical tool to review and scrutinize the entries made in the history sheet, to ascertain that these are devoid of any biases or discriminatory practices.

“We, therefore, deem it appropriate, at this stage, to direct all the States/Union Territories to revisit their policy-regime and consider whether suitable amendments on the pattern of the 'Delhi Model' are required to be made so that our observations made in paragraphs 14 to 16 of this order can be given effect in true letter and spirit.”, the court said.

“The Registry is, accordingly, directed to forward a copy of this judgement to the Chief Secretary and Director General of Police of all States and Union Territories to enable them to consider and comply with what has been held above, as early as possible but not later than six months.”, the court added.

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

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

Citation : 2024 LiveLaw (SC) 351

Click Here To Read/Download The Judgment