The central legal point established in the judgment is the requirement for great care and caution in branding a person as a history-sheeter and entering their name in the history sheet, emphasizing the need for subjective satisfaction of the competent authority and the impact on the individual's right to privacy.

JUDGMENT :

1. The petitioner seeks issuance of writ of certiorari to quash the proceedings of opening of personal file, opening of history sheet and entering of the name of the petitioner as history sheeter in the Police Station Arnas, Reasi and a direction to respondent Nos. 3 & 4 to delete/remove the name of the petitioner from the surveillance register kept in the Police Station and also to restrain the respondents from displaying his photographs on the notice board kept in the Police Stations Mahore and Arnas, Reasi.

2. The aforesaid relief is being claimed by the petitioner on the ground that the opening of personal file, history sheet and entering his name in the Police Register as well as displaying his photographs on the notice board of the Police Station are not in conformity with the Police Rules. According to petitioner, the act of the respondents in opening the personal file of the petitioner, history sheet and displaying his photographs is a serious encroachment on the liberty of the petitioner who has been acquitted in the FIR, on the basis of which, his personal file and history sheet has been opened.

3. Before opening personal file, history sheet or entering the name of the petitioner in the Police Register, notice was required to be given to him. The case of the petitioner is that two false and frivolous FIRs came to be registered against him by respondent No.3 i.e., FIR No. 127/1993 under Sections 382/353/341 RPC in Police Station Mahore and FIR No. 02/2008 of Police Station Mahore and the said respondent on the basis of said two FIRs opened his history sheet on 19.01.1995.

4. The petitioner claims that he has been discharged by the Court of law in both the FIRs vide orders dated 28.01.2010 and 13.12.1996 respectively. The petitioner submits that the SHO Police Station, Mahore and Arnas had no jurisdiction to enter his name in Part-II of surveillance Register without orders of the Superintendent of the Police or to open the personal file of the petitioners and also to affix his photographs on notice board because as per Rule 699(2) of J&K Police Rules, 1960, it is only Superintendent of the Police, who can do it on its own accord or on the report of the officers subordinate to him but the respondents without any such orders have on their own opened the history sheet of the petitioners and also entered his name in the register and displayed his photograph on the notice board of the Police Station.

5. The respondents submit that the petitioner is a hardcore criminal and FIR No. 127/1993 under Sections 341, 353, 382 RPC has been registered against him with Police Station Mahore and Challan in respect of the same has been produced in the Court of law. The petitioner in addition was in the year 1986-87 running a Finance Agency in the name of Unique Bank in which the money of the common masses of the areas was deposited but he used the deposited money for his personal gain.

6. Rules 702, 703 & 704 of the J&K Police Rules,1960, govern the preparation of the history sheet, prescribe the manner in which history sheet is to be opened as also its custody. These rules are reproduced as under :-

“702. Preparation of history sheets: The initial preparation of a history sheet requires great care, and should invariably be done by the officer incharge of the police station himself or by a thoroughly experienced Assistant Sub Inspector under specific orders.

(1) The description of the criminal should be such as will enable the person reading it to form for himself a picture of the individual described, special attention being given to peculiarities of appearance, gait, speech, etc., by means of which the man may be distinguished.

(2) The space for 'relations and connections' should be filled in with a view to affording clues to those persons with whom the criminal is likely to harbour when wanted by the police, including relations or friends living at a distance from his home and his associates in crime, abettors and receivers, The par