The main legal point established in the judgment is the requirement of reasonable belief and materials to open a History Sheet, the need for specific orders for the retention of a History Sheet beyond two years, and the duty of law enforcement agencies to act in strict conformity with the rules.

1. The petitioner has approached this Court seeking for a direction to the first respondent, the Commissioner of Police, Chennai to give suitable directions to the third respondent, the Inspector of Police, K-5 Police Station, Peravallore, Chennai to remove the name of the petitioner from the rowdy list record.

2. The Inspector of Police (L & O), K-5, Peravallur Police Station, Chennai addressed the Assistant Commissioner of Police (L & O), Secretariat Colony, Chennai intimating that the petitioner L.Ravindran, who is otherwise known as Ravi alias Ravichandran alias Ravindranath, S/o Lakshmipathy along with two others were involved in a murder case due to group rivalry. A case was registered by K-1 Sembium Police Station and the charge sheet was filed and the trial was conducted before the Second Additional Sessions Court, Chennai in S.C.No.204 of 1994. However, the case ended in acquittal. He further stated that discreet enquiries about all the accused revealed that they were acting as Goondas and never mind to mend their ways. The Assistant Commissioner of Police (L & O), Sembium Range, Madras, by order dated 20.7.98, had ordered as follows:-

"The Inspector of Police/K5 PS

Open Rowdy Sheets for (1) Ravi @ Ravichandran (2) Ravi @ Reddy Ravi (3) Thanigai Mani and watch him till 31.12.98."

3. The grievance of the petitioner is that he was falsely implicated in the murder case and he was acquitted. Except the said case, no other case was either registered or pending against the petitioner. Even during the pendency of trial and after acquittal, he did not involve himself in any activity warranting the respondents to open History Sheet. One stray case of alleged involvement in an offence cannot be a ground to include the petitioners name in the rowdy list.

4. I have heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. No counter affidavit is filed by the respondents.

5. The following are some of the provisions in the Police Standing Orders relating to opening of History Sheet against a person and they are extracted as follows:-

"PSO 746. Part IV – History Sheets.

(1) Part V (Form No.111) shall contain the History sheets of the persons resident permanently or temporarily in their Station limits who are known or believed to be addicted to or to aid and abet the commission of crime, whether convicted or not, or who are believed to be habitual receivers.

(G.O.Ms.No.364, Home, 15th Feb.1943)

Only sheets Nos.1,3, 7 and 8 are to be maintained in the History Sheet forms in use in Station. Sheet No.9 should also be maintained, if a photograph of the criminal is available.

Note: This sub-paragraph will not affect the History Sheets maintained in Crime Records Bureau.

(2) At the back of Sheet No.1, below item 7, the following descriptive detail should be shown:

Age,

Height,

Complexion, and

Particular marks of identification.

(3) In sheet 8 under heading the "Current doings" entries which are informative and useful based on the facts ascertained both by the Sub-Inspector and his men since the date of last entry, shall be made month-wise for close watch bad characters and quarterly for non-close watch bad characters. Anything of interest coming to notice, in respect of a bad character during a month should be entered then and there, without waiting for the end of the month or the quarter.

(4) The entries in the various columns in the History Sheet should be checked by the Sub-Inspector personally and brought upto-date once a year. The fact of such verification should be certified by him in the column under the "Current doings".

(1) History sheets shall be opened automatically at the time of conviction for persons convicted as under and shall be retained for two years after release from jail. Persons are how convicted Numbers of times convicted Persons released from imprisonment for life under Chapters XII and XVII, Indian Penal Code Professional Prisoners Indian Pen