The grievance of the petitioner is as to the opening of a rowdy sheet in his name on the file of Gooty Police Station in Gooty Mandal, Anantapur District. According to him, he was only involved in one criminal case, which ended in his acquittal, but on the basis of this solitary instance, the police authorities opened a rowdy sheet in his name.

The Sub-Divisional Police Officer, Tadipatri, Anantapur District, filed a counter-affidavit stating that the petitioner was involved in Crime No.112 of 2006 registered under Section 302 IPC on the file of Gooty Urban Police Station, Anantapur District. He conceded that the case ended in acquittal of the petitioner on 09.03.2009 in Sessions Case No.349 of 2007 on the file of the learned Sessions Judge, Anantapur. He further admitted that no other cases were pending against the petitioner as on the date of filing of the said counter. This counter-affidavit was filed in August, 2012.

According to the Sub-Divisional Police Officer, Tadipatri, owing to the involvement of the petitioner in Crime No.112 of 2006, a rowdy sheet was opened in his name on the file of Gooty Police Station.

Presently, maintenance of rowdy sheets is governed by Order 601 of the A.P. Police Manual, Part-I, Volume-II.

Order 601 reads as under:

‘601. The following persons may be classified as rowdies and Rowdy Sheets (Form 80) may be opened for them under the orders of the SP/DCP and ACP/SDPO.

A. Persons who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace, disturbance to public order and security.

B. Persons bound over under Sections 106, 107, 108(1)(i) and 110(e) and (g) of Cr.P.C.

C. Persons who have been convicted more than once in two consecutive years under Sections 59 and 70 of the Hyderabad City Police Act or under section 3, clause 12, of the AP Towns Nuisances Act.

D. Persons who habitually tease women and girls and pass indecent remarks.

F. Persons who intimidate by threats or use of physical violence or other unlawful means to part with movable or immovable properties or in the habit of collecting money by extortion from shopkeepers, traders and other residents.

G. Persons who incite and instigate communal/caste or political riots.

H. Persons detained under the “AP Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986” for a period of 6 months or more.

I. Persons who are convicted for offences under the Representatives of the Peoples’ Act for rigging and carrying away ballot paper, Boxes and other polling material.’

The period of retention of history sheets of suspects/rowdies is governed by Order 602, which reads as follows:

‘602-1. History Sheets of suspects shall be maintained from the date of registration up to the end of December, after which the orders of a gazetted officer as to their discontinuance or retention for a further period shall be obtained.

2. Merely because a suspect/rowdy, having a history sheet, is not figuring as accused in the previous 5 years after the last case in which he was involved, it should not preclude the SP/DCP/CP to continue his history sheet if SP/DCP/CP is of the considered view that his activities are prejudicial to the maintenance of public order or one affecting peace and tranquility in the area or the victims are not coming forward to give complaint against him on account of threat from him.’

Hitherto, Standing Order 742 of the A.P. Police Standing Orders governed the situation as to classification of rowdies and opening of rowdy sheets. This Standing Order reads as under:

‘742. Rowdies:- (1) The following persons may be classified as rowdies and Rowdy Sheets (Form 88) may be opened for them under the order of the Superintendent of Police or Sub-divisional Officer:

(a) persons who habitually commit, attempt to commit or abet the commission of, offences involving a breach of the peace;

(b) persons bound over under Sections 106, 107, 108(c) and