The opening of a history sheet against an individual must be in accordance with the relevant police rules and should not offend the individual's fundamental rights, particularly Article 21 of the Constitution of India.

JUDGMENT :

1. The petitioner through the medium of this petition filed under Article 226 of the Constitution of India seeks a direction to the respondents in the nature of Writ of Certiorari to quash the “Verification of Character and Antecedents Certificate” issued by the respondent No. 4-Sub-Divisional Police Officer, Mahore with regard to him, which, inter-alia, describes him as history sheeter as on 19.11.2022, besides being under surveillance.

2. It has been pleaded that the petitioner is a responsible and dignified person, who always leads his life in accordance with law, besides abiding by all the norms/requirements that a citizen is required to abide by; that he is a known politician and had contested the State Legislative Assembly Elections in the year 2014 from 56-Gulabgarh Constituency in District Reasi; that he enjoys respect and reverence in his society in particular and in the political circles of the UT of Jammu and Kashmir in general.

3. It has been alleged that out of political vendetta, various imaginary, baseless and manipulated cases were registered against the petitioner, vide following FIRs:-

(i) FIR No. 45/2009; U/Ss 341, 323 and 148 RPC;

(ii) FIR No. 45/2013; U/Ss 452, 427, 336, 323 and 506 RPC;

(iii) FIR No. 07/2017; U/Ss 447, 147 and 323 RPC;

(iv) FIR No. 26/2013; U/Ss 452, 323, and 379 RPC; and

(v) FIR No. 08/2018; U/Ss 376 and 458 RPC.

It has been further pleaded that in most of the cases, petitioner was acquitted of the charges and in one case registered vide FIR No. 08/2018 under Sections 376 and 458 RPC, the investigation was concluded as closed. It has been finally prayed by the petitioner that as per “Verification of Character and antecedents Certificate” issued by the respondent No. 4-Sub Divisional Police Officer, Mahore has been shown as a history sheeter on 19.11.2022 and surveillance besides certifying that he has been acquitted in all the cases registered vide FIR Nos. 45/2009, 45/2013, 07/2017 & 26/2013 by the Court of Magistrate, whereas the case registered vide FIR No. 08/2018 had been concluded as not proved, as such, his declaration as history sheeter by the respondents on 19.11.2022 is bad and is required to be quashed.

4. Pursuant to notice, the respondents have filed objections to the writ petition, asserting therein that the petitioner has been involved in a large number of cases registered against him at Police Station, Mahore, District Reasi and on the basis of his involvement in those cases, a history sheet was opened on 19.11.2022 against him in terms of Rule 703 of the Police Rules, 1960 (hereinafter referred to as the “Rules of 1960”), which govern the subject. It has been further pleaded that the petitioner is a notorious criminal and is continuously involved in a number of criminal activities and, as such, is a threat to the life and liberty of the people of Mahore area in Reasi District, whose motive is not only to create terror among the peaceful and law abiding citizens of the town, but also to establish big criminal gang by encouraging the criminal minded people like him to join him and commit criminal activities in the area and to become a grang/mafia leader; that the petitioner has become main impediment for the people in enjoying their right of living peacefully, as guaranteed under Constitution of India. It has also been pleaded that the history sheet of the petitioner has been opened in accordance with Rule 703 of the Rules of 1960 under the orders from the competent authority after observing the rules and law on the subject. It has been further pleaded that the petitioner at the time of his acquittal had been given benefit of doubt.

5. Learned Senior counsel appearing for the petitioner has argued that to describe a person as history sheeter, has severe and preposterous consequences, subjecting him/her to various restrictions and police surveillance, in order to ensure that further criminal activities do not occur. As such, the history sheeters are treated as social outca