History sheets require reasoned extensions based on materials, balancing police surveillance with Article 21 rights.

ORDER

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus to direct the 1st respondent to close the history sheet/Rowdy Sheet maintained as HS.No. 219/2017, as against the petitioner in Sivakasi East Police Station, Virudhunagar District and to consequently delete the petitioner's name in the police surveillance list by considering the petitioner's representation dated 20.03.2026 within time frame fixed by this Court.

2. The learned Counsel for the petitioner submitted that from the year 2009 to 2019, six cases were registered against the second respondent police. All the cases have now been concluded by acquitting the petitioner. Thereafter, for the past 7 years, the petitioner has not involved in any criminal activity. In this circumstances, the second respondent police has continuously harassing and troubling the petitioner by registering cases against the petitioner under Sections 110 Cr.P.C and 107 Cr.P.C., every year to restrict the petitioner's movements. The second respondent has also opened History Sheet Record in H.S.No.219 of 2017 and maintaining the same till date.

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 contemplated. Here also there is sub-categorization as, close watch bad characters and non-close watch bad characters. In the former, the entry shall be