Amanatullah Khan (Express photo)The Delhi High Court Friday reserved judgment on AAP MLA from Okhla Amanatullah Khan’s plea against the ‘history sheet’ opened by the Delhi Police against him and the tag as a ‘Bad Character’ levelled by the police force.
The counsel appearing for the petitioner (Khan) argued before Justice Sudhir Kumar Jain that the petitioner’s image has been maligned through the opening of the history sheet. He submitted that out of the 18 cases which purportedly formed the basis for declaring him as ‘History Sheeter’ and ‘BC’, in 14 cases, Khan has been acquitted, discharged or the cases have been compounded. The remaining four two are pending investigation, two are pending trial. The counsel submitted that Delhi Police has alleged that Khan has been involved in land grabbing and hence his surveillance is necessary. “Where is the material to formulate this opinion?” he argued.
The counsel submitted that Delhi police will have to justify on what material this history sheet was prepared and on what basis the approval was granted.
The counsel further submitted that the details of the history sheet was widely available on social media, a document which was supposed to be confidential. He submitted that the contents of the document were tweeted by a spokesperson of a rival political party. The counsel further submitted that the Delhi Police did not proceed to initiate an enquiry as to how the history sheet became public, when it was supposed to be in their custody as it was not a public document. “This proves malafide conduct of the Police,” he said.
Additional Solicitor General appearing for Delhi Police argued that the petitioner alleges malafides on part of a public officer that has to be substantiated with material. No such material has been placed on record to prove malafide against the Delhi police officials, he submitted. He further submitted that the decision was taken by competent officers and the decision was arrived at after perusing the material on record and after application of mind.
“What is to be assessed is general activity and the antecedents” in a case like this by authorities. “The person’s propensity to be engaged in these kinds of activities, repeatedly over a period of time have resulted in registration of the FIR,” which has been submitted before the HC, the ASG said.
After hearing the arguments by both parties, the single judge reserved judgment instructing them to file their written arguments within 10 days.
Khan was arrested after clashes broke out between locals and Delhi Police personnel during an anti-encroachment drive by the erstwhile South Delhi Municipal Corporation (SDMC) in Madanpur Khadar in May.
SHO Jamia Nagar on March 28 had prepared a dossier recommending opening of ‘history sheet’ against Khan and declaring him a ‘Bad Character’. The decision was later approved by the ACP, New Friends Colony and DCP, South-East on March 29 and 30, respectively.