IMPORTANT POINT
The petitioner is entitled to submit a representation before the D.I.G. concerned, as per the observations made in the present order.

JUDGMENT :

Kshitij Shailendra, J.

1. Heard learned counsel for the petitioner and Mrs. Manju Thakur, learned A.G.A.-I along with Sri G.P. Singh, learned A.G.A-1 for the State and perused the record.

THE WRIT PETITION

2. This writ petition has been filed seeking a writ, order or direction in the nature of certiorari quashing History Sheet No.21-B opened against the petitioner at Police Station Shahganj, District Allahabad with a further prayer to issue a writ in the nature of mandamus directing the respondents not to keep surveillance on the petitioner in pursuance of the said history sheet.

CONCEPT OF AND PHILOSOPHY BEHIND HISTORY SHEET

3. When the term "history-sheeter" is mentioned, it conjures an image of a seasoned criminal with an extensive record. The question arises: who exactly are these history-sheeters, and how does the police categorize someone as such? What disadvantages does a criminal face after being labeled a history-sheeter, and what consequences does it entail? These queries find answers in the following exploration.

4. In essence, a history sheeter is a designation employed by the police to identify individuals with a significant criminal history. This label is affixed to those who have been implicated in numerous offenses, with the details of their criminal activities duly recorded by the police. Before initiating the history sheet for any offender, the police verify the individual's current criminal status.

5. The process begins when an individual, already proven guilty in multiple cases and/or consistently engaging in criminal activities, attracts the attention of the police station's SHO. A report is subsequently sent to the SSP or SP, and upon receiving the necessary orders, the history sheet is opened. This comprehensive document contains detailed information about the criminal, including a criminal profile, associates, and known relatives. In certain scenarios, where individuals hesitate to report crimes related to organized rackets or extortion, the police, relying on local sources, maintain surveillance on such potential threats to society. The opening of history sheets is guided by calls, daily entries in the police control room, and the ongoing assessment of those posing a danger to society.

6. The presence of a history sheet serves as a deterrent, as it subjects the criminals to constant police scrutiny. Once a history sheet is opened, the criminals are required to regularly register their presence at the police station; failure to comply prompts the police authorities to visit their residences. Furthermore, a history sheet aids in tracing the source of income for criminals, enabling authorities to determine whether they have transitioned to legitimate means of earning. This scrutiny helps identify instances where an individual, previously engaged in illegal activities, displays signs of leading a luxurious lifestyle despite being unemployed.

7. The process of opening "History Sheet" is governed by the Police Rules of the concerned State or the Act governing habitual offenders.

8. Criminals often attempt to evade capture by frequently changing addresses. To counter this, the police communicate with other districts or States, sharing information about potential areas of relocation and requesting vigilant monitoring. Employing various strategies like crime mapping and identifying hot spots, law enforcement aims to curb criminal activities and maintain public safety.

9. History sheets are analogous to our criminal intelligence databases, but are more subject to legal constraints. At the same time, they are more vulnerable to public disclosure because they call for intensive and frequently conspicuous monitoring both by police and civilian leaders.

10. Since the days of the British regime, Indian police departments have created history sheets for persons believed to pose a risk of future criminality. The “history-sheeters” may have been convicted, or have criminal charges pending. History sheeters are subject to