History sheets require objective justification and periodic review for extensions under PSO 746-748 to protect Article 21 rights.

ORDER

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Declaration declaring that to declare the History Sheet No. 05/2021 on the file of the 2nd respondent is as illegal and against the Police standing Order No. 746.

2. The learned Counsel for the petitioner submitted that the petitioner has not involved in any of the criminal activities. He further submitted that the petitioner has served as the District Secretary of Viduthalai Chiruthaigal Katchi in Kanyakumari District. During that period, the second respondent police station opened a History Sheet against the petitioner in H.S.No.5/2001, without any objective assessment of habitual criminality. In the year 2003, two criminal cases were registered against the petitioner in Crime No.73 of 2003 and Crime No.74 of 2003 on the file of the Boothapandi Police Station and the same were culminated in filing final report in S.C.No.201 and 202 of 2003. The petitioner was incarcerated from the year 2004 to 2018. In the year 2023, certain cases were registered against the petitioner at Ambattur Police Station (three cases) and Korattur Police Station(two cases), which were arose out of a civil dispute. Without considering the same, the second respondent is continuing H.S.No.5/2001 against the petitioner for nearly 25 years. Seeking removal of the same, this petition is filed.

3. The issue involved in this writ petition has already been dealt with by the Madurai Bench of this Court and detailed order has been passed in W.P.(MD)No.19651 of 2017 on 26.09.2018. On the basis of the above said Order, the Director General Of Police, Chennai issued a circular in Rc.No. 66569/Crime 3(2)/2019 dated 24.04.2019, which reads as follows :-

“7. From the above judgments the following principles emerge insofar as history sheeters are concerned:

a. In order to facilitate the study of crime and criminals, the Police Standing Orders provides a mechanism, whereby every Police Station shall maintain a crime history, which shall be a confidential record. In this record all cases of crime that are mentioned in PSO No.742, which provides various classes of crime, shall be entered and even an attempt to commit those offences, are entered in the records maintained in the Police Station.

b. These crime records maintained by the Various Police Stations shall be reviewed every year by the Inspector of Police of the concerned Police Station. On such review, the Inspector of Police has to furnish a concise appreciation of the year's crime for the benefit of the Superior Officers and also to make suggestions in order to improve the quality of crime control. The review undertaken by the Inspector of Police is not merely a catalogue of the crime in the year. It should reflect the valuable suggestions in order to prevent such crimes in future and to provide ways and means of handling serious offences in an effective manner.

c. History Sheet can be opened by the concerned Police Station under two circumstances. The first circumstance is provided under PSO No.746, which states that the history sheet can be opened against a person who is a resident (permanently or temporarily) within the station limit, who is known or believed to be addicted to commission of crime, whether convicted or not. Here the thrust is on the habituality or the propensity to commit a crime by a person, which is sought to be monitored by opening a history sheet.

d. The second category of persons against whom history sheet can be opened are the persons, who are convicted for various offences that has been listed in PSO No.747, wherein opening of the history sheet is automatic.

e. In the first category of opening history sheet, month wise scrutiny or a close watch on the person concerned is c