N.SESHASAYEE
Thirumagan – Appellant
Versus
Superintendent of Police, Madurai District – Respondent
ORDER :
N. Seshasayee, J.
1.1. Petitioners in this batch of cases impugn the decision of the police to history-sheet them, though the reliefs sought in the petitions are couched differently. They are an oft frequented category of cases that visits this Court, and they rarely show any respite, despite a few template judgments, (to which necessary reference would be made at appropriate places) of this court on the point. The pith of the ratio in these judgments primarily emphasizes that the decision to history-sheet a convict or a suspect should not be arbitrarily resorted to. The principles they have laid down are informative study material for guiding and educating the police in their approach to history-sheeting. Contextually, are not the pronouncements of this Court adequate enough to sensitize the police officials on the manner of exercise of their power to history-sheet an individual? The experience however, has been disappointing, as the attitude of the police official to history-sheeting is seen varying from plain ignorance to abject indifference in following the principles
Ganesan Vs. The District Superintendent of Police & others [2010(6) CTC 507]
Hans Muller of Nurenburg Vs. Superintendent, Presidency Jail
K.S. Puttaswamy and Anr. Vs. Union of India
Kharak Singh vs. The State of U.P. & Others [AIR 1963 SC 1295 : 1964 SCR (1) 332]
Madhya Pradesh Special Police Establishment Vs. State of Madhya Pradesh [(2004)8 SCC 788]
Menaka Gandhi Vs. Union of India [AIR 1978 SC 597]
Malak Singh Vs. State of Punjab & Haryana & Others [AIR 1981 SC 760]
Manivannan Vs. State [(2013) 7 MLJ 501]
Senior Superintendent of Post Offices Vs. Izhar Hussain
Shayara Bano Vs. Union of India & Ors.
Union of India Vs. Naveen Jindal & another [(2004) 2 SCC 510]
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