The continuation of a rowdy sheet without justification infringes upon fundamental rights under Articles 19(1)(d) and 21 of the Constitution.

ORDER :

HARINATH. N, J.

1. The petitioner is challenging the in-action on part of the respondents in closing the rowdy sheet which was opened vide proceedings C.No.47/ACP-WZ/2014, dated 13.06.2014, Rowdy sheet No.528-B against the petitioner.

2. The petitioner was shown as Accused No.2 in CC.No.568 of 2012 and the petitioner was acquitted vide judgment dated 25.05.2016 by the learned III Additional Chief Metropolitan Magistrate, Vijayawada, and the petitioner is shown as accused No.1 in Crime No.202 of 2014 of S.R.Pet Police Station and the matter was compromised before the Lokadalat on 04.12.2014. The petitioner is shown as Accused No.1 in CC.No.474 of 2023 on the file of Additional Judicial Magistrate of First Class – Cum – Civil Judge’s Court, Mangalagiri for the alleged offence under Section 323, 509, 506 read with 34 of IPC. The same is pending and posted to 30.04.2025.

3. The learned counsel for the petitioner submits that the respondents have not closed the rowdy sheet though there is no case pending for a period of five years from the date of opening of the rowdy sheet against the petitioner. It is submitted that the only case which is pending against the petitioner does not come under the schedule of offences which would enable the respondents to maintain the rowdy sheet.

4. The learned counsel appearing for the petitioner submits that continuation of rowdy sheet against the petitioner is also a social sigma on the petitioner. It is also submitted that continuation of the rowdy sheet against the petitioner without any valid reason amounts to interfering with the fundamental rights of the petitioner i.e., right to live with dignity and the right guaranteed under Article 19(1)(d).

5. The learned Assistant Government Pleader representing the respondents submits that a counter is filed and that the Police Standing Orders 602(2) clearly mentioned that nothing precludes the SP/DCP/CP from continuing a rowdy sheet on the sole ground that the rowdy sheeter is not figuring as an accused in the previous five years. It would depend upon the nature of the activities of the rowdy sheeter for continuing the suspect sheet to enable peace and tranquility in the society.

6. The learned Assistant Government Pleader appearing for the state does not dispute that there are no cases pending against the petitioners; however submits that the petitioner’s activities would require continuous surveillance for the police to maintain the law and order in the state.

7. Heard the learned counsel appearing for the petitioner and the learned Assistant Government Pleader for the state and perused the material on record.

8. The following questions would fall for consideration of these writ petitions ;

I. Whether the fundamental right under Article 19(1)(d) of a Citizen is infringed upon on account of continued surveillance under the guise of opening and continuing rowdy sheet ?

II. The scope of judicial review of rowdy sheet / rowdy sheet on the touchstone of reasonableness, arbitrariness and non-application of mind ?

9. It is not in dispute that the petitioner though is an accused in CC.No.474 of 2023 on the file of Additional Judicial Magistrate of First Class – Cum – Civil Judge Court, Mangalagiri, the offences under which the petitioner would have to face the trial in the case do not attract the circumstances for continuation of the rowdy sheet against the petitioner. It is also not in dispute that the petitioner was not convicted of any offence(s).

10. The stand taken by the respondents, that the Police Standing Orders would empower the respondents to open rowdy sheets/rowdy sheets in order to maintain law and order is not a unfettered right. The Police Standing Orders do not have statutory force. The standing orders are only administrative instructions. It is also not in dispute that the Police Standing Orders which are issued under the Police Act would have statutory force.

11. It is pertinent to refer to Chapter 31 of the A.P. Police Code which contains 24 S