Judgement

BACHAWAT, J.- The appellant is an employee of the Northern Railway. The first respondent is the Superintendent of Police, North District, Delhi. The second respondent is the Station House Officer, Police Station Kotwali, Delhi. The second respondent opened a history sheet for the appellant, and the first respondent directed the entry of his name in Part II of the surveillance register, commonly known as police register No. 10. The history sheet and the register are kept under the Punjab Police Rules, 1934 framed under the Indian Police Act, 1861. The appellant filed a writ petition in the Punjab High Court challenging the legality of these and other actions of the respondents and asking for the issue of appropriate writs. The High Court dismissed the petition. The appellant now appeals to this Court by special leave.

2. Rules 23.4 to 23.7 of the Punjab Police Rules, 1934 deal with police register No. 10, Rule 23.4 (3) (b) empowers the Superintendent of Police to enter in his discretion in Part II of the register the names of "persons who are reasonably believed to be habitual offenders or receivers of stolen property whether they have been convicted or not. Rule 23.5 prov