A rowdy sheet cannot be maintained against an individual based on a single criminal case or acquittal; 'habitual' offending requires repeated criminal conduct. Maintaining such sheets without evidence of habitual criminality is arbitrary and violates the right to personal liberty.

ORDER:

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

“….to declare the action of respondents more particularly that of respondent Nos.3 to 5 in opening a rowdy sheet against the petitioner and continuing to maintain the same even in spite of the acquittal in S.C. No.14/2020 being a single case, frequently calling the petitioner to the police station and to the office of 5th respondent and making him to sit there for hours together and offering threats, humiliating and ill-treating him under the guise of counseling, binding over the petitioner for time and again as being illegal, arbitrary, Un-Constitutional, against the letter and spirit of catena of Judgments rendered by Honorable Supreme Court on Human Dignity and protection of Human Rights, apart from being violative of Articles 20 and 21 of the Constitution of India and consequentially direct the respondents to close the rowdy sheet continued and maintained on the petitioner and pass.…”

Heard Mr. Immaneni Rama Rao, learned counsel for the petitioner and Mr. M.Srinivas, learned Assistant Government Pleader for Home appearing for the respondents and perused the record.

Learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in crime No.147 of 2019 which was numbered as S.C. No.14of 2020 on the file of learned Special Judge for Trial of Offences under SC and ST (POA) Act-cum-VI Additiional Metropolitan Sessions Judge, Secunderabad under Section 307 IPC as accused, expect the said case no other case is pending against the petitioner. Under the guise of the rowdy 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.

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.

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”

The period of retention of history sheets of suspects/rowdies is governed by Standing Order No.602 of A.P. Police Manual and the same reads as follows:

“602-1. History Sh