The maintenance of a rowdy sheet requires the person to be a 'habitual offender,' meaning they repeatedly commit offences. Involvement in a single pending criminal case is insufficient to justify the continuation of such surveillance measures under the Police Manual.

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to declare the action of the respondents in calling the petitioner to the police station stating with passport size photo and Aadhar card regularly under the guise of closing suspect sheet/rowdy sheet without following due process of law as it is arbitrary, illegal and unconstitutional apart from being violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondent No.4 to not to call the petitioner or his family members without following due process of law and to pass.…”

2. Heard Mr.Deepak Kumar Sharma, learned counsel for the petitioner and Mr. M.Srinivas, learned Assistant Government Pleader for Home appearing for the respondents and perused the record.

3. Learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in crime No.1071 of 2020 which was numbered as S.C. No.23 of 2021 on the file of Sessions Court for SC and ST cases at L.B. Nagar under Sections 326, 147, 148 read with 149 read with 149 IPC, Section 3 (1) (r) (s), Section 3 (2) (v) of SC and ST (P.O.A.) Act, 2015 as accused No.3 expect the said case no other case is pending against the petitioner. Under the guise of the rowdy sheet/suspect sheet opened against the petitioner, the respondent-authorities are harassing the petitioner, causing repeated summons, nocturnal visits to his residence, and mental distress, thereby affecting his livelihood and disturbing his family.

4. It is submitted that under Standing Orders 601, 602, and 742 of the A.P. Police Manual, rowdy sheets can only be maintained against habitual offenders who repeatedly commit offences affecting public order, peace, or security. The petitioner, having not been involved in any criminal case for more than three years, does not qualify as a habitual offender, and therefore, the rowdy sheet maintained against him is unlawful.

5. Maintenance of rowdy sheets is governed by Standing Order No.601 of A.P. Police Manual, Part-I, Volume II, which reads as under:

“601. The following persons may be classified as rowdies and Rowdy Sheets (Form 80) may be opened for them under the orders of the SP/DCP and ACP/SDPO.

A. Persons who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace, disturbance to public order and security.

B. Persons bound over under Sections 106 , 107, 108(1) (i) and 110(e) and (g) of Cr.P.C.

C. Persons who have been convicted more than once in two consecutive years under sections 59 and 70 of the Hyderabad City Police Act or under section 3, clause 12, of the AP Towns Nuisances Act .

D. Persons who habitually tease women and girls and pass indecent remarks.

F. Persons who intimidate by threats or use of physical violence or other unlawful means to part with movable or immovable properties or in the habit of collecting money by extortion from shopkeepers, traders and other residents.

G. Persons who incite and instigate communal/caste or political riots.

H. Persons detained under the “ AP Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986 ” for a period of 6 months or more.

I. Persons who are convicted for offences under the Representatives of the Peoples’ Act for rigging and carrying away ballot paper, Boxes and other polling material”

6.