LexAMANATULLAH KHAN versus THE COMMISSIONER OF POLICE, DELHI & ORS.
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* Author [2024] 5 S.C.R. 927 : 2024 INSC 383 Amanatullah Khan v. The Commissioner of Police, Delhi & Ors. Criminal Appeal No. 2349 of 2024 (Arising out of SLP (Crl.) No. 5719/2023) 07 May 2024 [Surya Kant* and K.V. Viswanathan, JJ.] Issue for Consideration Whether the names of the Appellant’s minor children and his wife against whom there is no adverse material should be included in the History Sheet of the Appellant. Headnotes† Punjab Police Rules 1934 (As applicable to NCT of Delhi), rule 23.8 and rule 23.9 – Format of history sheet – Need to revisit archaic rules – Amended Standing Order issued on 21.03.2024 – In column on ‘relations and connections’ only those persons who can provide shelter to history sheeter to be reflected – Names of associates in crime, abettors and receivers to be included – No details of minor relatives shall be recorded anywhere in History Sheet – Unless there is evidence that minor has afforded shelter – Value for human dignity and life deeply embedded in Article 21 of Constitution – Expression ‘life’ unequivocally includes the right to live a life worthy of human honour and all that goes along with it. Held: Writ Petition filed by Appellant under A. 226 Constitution r/w s. 482 CrPC for quashing of ‘History Sheet’ opened against him – Petition dismissed by High Court – Judgment challenged – original Standing Order of 10.06.2022 under ‘preparation of History Sheet’ replicated from archaic Punjab Police Rules 1934 – Amended Standing Order issued on 21.03.2024 – Provides certain safeguards: inclusion of names of only such persons who can afford history sheeter shelter when on the run from police – Names of associates in crime, abettors and receivers to be included – No details of any minor relatives, i.e., son, daughter, siblings shall be recorded anywhere – Unless there is evidence that such minor has afforded shelter – s.74 of Juvenile Justice (Care and Protection of Children) Act, 2015 to be meticulously followed – Clarifies ‘History 928 [2024] 5 S.C.R. Digital Supreme Court Reports Sheet’ is an internal police document, not a publicly accessible report. [Paras 6-7] Appeal partly allowed – Impugned High Court judgment stands modified – Amended Standing Order will prevent undesirable exposure of Appellant’s minor children – Amended Standing Order to be given effect forthwith in Appellant’s case – Direction given to Commissioner of Police, Delhi to designate a senior police officer of the rank of Joint Commissioner of Police or above, to periodically audit contents of History Sheets, ensure confidentiality, and delete names of persons/children found innocent during investigation from “relations and connections” category in History Sheet – Prompt action to be taken against any police officer acting contrary to amended Standing Order. [Paras 9-13] Exercising suo moto powers, scope of proceedings expanded to police authorities in other states and UTs – To consider undesirability of the practice of mechanically including names of innocent individuals, by virtue of hailing from a particular socially, economically and educationally disadvantaged background – Allegation of police diaries being maintained selectively of individuals of vimukta jatis, based solely on caste bias – State Governments to take necessary preventive measures to safeguard such communities – Pre-conceived notions render them ‘invisible victims’ – May often impede their right to live a life with self- respect – value for human dignity and life is deeply embedded in Article 21 – Expression ‘life’ under a. 21 includes right to live a life worthy of human honour – Self-regard, social image, honest space for oneself in surrounding society, just as significant to dignified life as are adequate food, clothing and shelter. [Paras 14-15] Periodic audit mechanism overseen by senior police officer as directed for NCT of Delhi – Critical tool to review and scrutinize entries to check for biases and discriminatory practice – Can help eliminate such deprecated practices – States/Union Territories not before the Court – No positive mandamus can be issued – Urged to revisit their policy-regime and consider whether suitable amendments on pattern of ‘Delhi Model’ are required to be made. [Paras 16-17] List of Acts Constitution of India; Juvenile Justice (Care and Protection of Children) Act, 2015; Punjab Police Rules 1934. [2024] 5 S.C.R. 929 Amanatullah Khan v. The Commissione
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