Stating that the Uttar Pradesh Police has “unfettered” power to implicate anyone for any offence and open a history-sheet against the person, the Allahabad High Court on Tuesday (January 21, 2025) asked the State government to put in place reasoned orders on the process, yearly review and consideration of objections by the accused.
The observations were made by the Bench of Justices Siddharth and Subhash Chandra Sharma while hearing a petition moved by four persons challenging the opening of a history sheet against them by the Noida Police.
Stating that the police has unfettered power to implicate anyone on the basis of any offence by making a report to the higher police authority for opening Class-B history sheet, the court noted that the police is clearly acting against the mandate of the Constitution laid down under Articles 14, 19 and 21 on the basis of pre-independence regulations.
“Considering the present state of affairs, rampant false implications, because of personal and political rivalry, provisions regarding opening of history sheets need to be reviewed,” the court said.
It further noted that the State too has realised that the police regulations regarding opening of history sheets are being misused and therefore the guidelines dated 3.11.2022 were framed by Director General of Police, U.P. providing for opening/reviewing of history sheets of Class-A only while no such guideline has been issued for opening/review of Class-B history sheet, the court observed.
Maintaining that its high time that the provisions of history-sheets should be reviewed, the court ordered the State government to look into the procedure of opening of a history sheet and make/issue necessary amendments/guidelines for providing opportunity of objection to the person, against whom, the police submits a report recommending the opening of history sheet of Class-A or Class-B before the senior police official.
“The State government will also provide for review of the history sheets opened against the citizen, every year, so that, in the cases where implication of persons against whom history sheet was opened and who have been subsequently exonerated/ acquitted of the criminal charges, their history sheets are closed and shadow of surveillance by police on their life and liberty gets removed,” the order further reads.
Published - January 22, 2025 03:55 am IST
