2026 Supreme(Online)(AP) 31090
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Sunitha Gandham, J
Shaik Nayab Rasool – Appellant
Versus
State of Andhra Pradesh – Respondent
WRIT PETITION NO: 22503 OF 2023
For the Appellants/Petitioners: Jeshtadi Sunil Kumar
For the Respondents: GP For Home
Opening rowdy sheets under police manuals without statutory authorization is illegal and violates the fundamental right to privacy.
Headnote:(A) Police Manual - Rowdy Sheets - Opening and continuation of rowdy, suspect, or history sheets without the sanction of a valid law is void and illegal. (Para 5)
(B) Fundamental Rights - Right to Privacy - Surveillance and collection of personal data by police must be in accordance with a law that satisfies constitutional thresholds, as privacy is a fundamental right. (Para 5)
Issues: Whether the opening of a rowdy sheet under the Andhra Pradesh Police Manual is legal and constitutional.
| Table of Content |
|---|
| 1. challenge to the legality of opening a rowdy sheet under police manuals. (Para 1 , 2 , 3 , 4) |
| 2. rowdy sheets violate the fundamental right to privacy and require statutory law. (Para 5) |
| 3. declaration of the rowdy sheet as illegal and unconstitutional. (Para 6 , 7) |
Date of reserved for orders :
Date of pronouncement : 18.08.2026 Date of uploading : 19.08.2026
APHC010432572023
(Special Original Jurisdiction)
The Court made the following order:
ORDER:
1. This Writ Petition is filed to declare the action of the respondents in opening Rowdy Sheet under Chapter 37 of Andhra Pradesh Police Manual and Andhra Pradesh Police Standing Orders (hereinafter referred to as „Police Manual‟ and „Standing Orders‟) vide proceedings in C.No.160/Rowdy- SDOM/2021 dt.25.10.2021 as illegal and consequently direct the respondents to close the Rowdy Sheet opened against the petitioner.
2. Heard Sri Jeshtadi Sunil Kumar, learned counsel for the petitioner and learned Assistant Government Pleader for Home.
3. As per the version of the petitioner, respondent No.3 i.e., Sub-Divisional Police Officer, Markapur has opened rowdy sheet against him vide proceedings in C.No.160/Rowdy-SDOM/2021 dt.25.10.2021, opening and continuing rowdy sheet under Police Manual are nothing but violation of fundamental rights of the petitioner and the police does not have any power to curtail the movements of the petitioner and further, as per the judgment of this Court in Udathu Suresh vs State of Andhra Pradesh , 2022 SCC Online AP 1748 = MANU/AP/1100/2022 opening rowdy sheet as per the Police Manual is illegal and void and without considering the principles laid down by this Court, respondent No.3 opened rowdy sheet against the petitioner and cases registered against the petitioner in S.C No.57 of 2022 ended in acquittal vide judgment dated 26.02.2026.
4. Learned Assistant Government Pleader for Home filed counter stating that the petitioner involved in the aforementioned case and two other petty cases i.e., Petty Case No.288 of 2022 under Section 187 of M.V. Act and Petty Case No.537 of 203 under Section 290 IPC and was convicted in the petty cases and imposed fine of Rs.4,000/- and Rs.200/- respectively. Further, though the cases registered against the petitioner are ended in acquittal, rowdy sheet can be continued as per the Standing Order Nos.601 and 602. While arguing the matter, learned Assistant Government Pleader fairly submitted that in the judgment of this Court in Udathu Suresh (supra), it is held that opening rowdy sheet or suspect sheet or history sheet is not valid under law.
5. Without delving into the merits of the case on the ground of legality or validity of opening the said rowdy sheet invoking the provisions of Police Manual, this Court has gone through the judgment in Udathu Suresh (supra) and having considered the law laid down by the Hon‟ble Apex Court in K.S. Puttaswamy Vs Union of India , (2017) 10 SCC 1, held at para No.45 thus:
“45. Hence, the Writ Petition No.3568 of 2022 is allowed declaring the Standing Orders of A.P. Police Manual / A.P. Police Standing Orders to the extent of opening/continuation of Rowdy Sheet, Suspect Sheet, History Sheet etc., and on that basis the surveillance of the individual (in terms of Chapter 37 of the above said Standing Orders) as void. All the other Writ Petitions are also allowed. All the rowdy sheets opened in this batch of Writ Petitions are directed to be closed immediately. The police cannot open or continue a rowdy sheet or collect data pertaining to a person without the sanction of “law”. Collection of personal data and its usage for prevention of crimes also can only be in accordance with a “law” which crosses the thresholds mentioned in the Constitution of India and the various judgments including K.S.Puttaswamy case (2 supra) since “privacy‟ is now a Fundamental Right as per Part-III of the Constitution of India. It is reiterated that the police cann