The division bench passed this order as it criticised the existing process where a senior police officer can make the decision to open a history sheet by merely approving the report of the police station.However, it added, post the promulgation of the Constitution of India, adherence to natural justice, as enshrined under Article 14, has become ‘imperative’, especially when the “right to life, livelihood and liberty of an individual is involved.”The court noted that at present, the individuals against whom the history sheet was opened were never afforded an opportunity to put their side of the story against the police report.“Once such a history sheet is opened, particularly of Class-B, the person remains under ‘surveillance for life’, making them vulnerable to police diktats, threat and coercion throughout his life,” added the court.The bench also emphasised that such surveillance was deemed to be in violation of Articles 14 and 21 of the Constitution pertaining to person’s ‘right to liberty’.The bench also took note of the misuse of the system, emphasising that “rampant false implications, because of personal and political rivalry,” were pretty common in such cases.The court was dealing with a writ plea moved by four individuals (all related to each other) challenging the opening of a history sheet against all of them vide an order passed in 2021 by the deputy commissioner of police, Greater Noida, on the basis of their implication in common cases.Only two cases were registered against the petitioners: one under section 386 IPC and the second under section 2/3(1) of the UP Gangsters Act.Against the backdrop, the court in its judgment dated January 21 raised serious concerns about the colonial-era provisions in chapter XX of the police regulations titled ‘Registration and surveillance of bad characters’.
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