Apex Court Directs Delhi Police To Expunge Names Of AAP MLA Amanatullah Khan’s Minor Family Members From History Sheet

The Counsel for Khan submitted that the names of relatives, including minors, were given in the history sheet and there was a leakage of information in the department as someone shared the information with other political parties, therefore, this affects their right to privacy and confidentiality.

The Bench of Justice Surya Kant and Justice KV Viswanathan observed, “All that we proposed is to direct the police authorities that the amended standing order dated 21st March 2024 be given effect forthwith in the instant case also. In addition, we also direct the Commissioner of Police Delhi to designate a senior police officer in the rank of Joint Commissioner of Police or above to pre-emptively audit the history sheets and their contents, in order to ensure the maintenance of confidentiality and desirability of deleting the names of such persons/juveniles/children who are in the course of investigation found to be innocent and are found entitled to be expunged from the category of “Relations and connections of history-sheeter”. It goes without saying that if a police officer is found to have acted against the amended order or the direction, firm action against such delinquent officers will be required to be taken. The Special Leave Petition is disposed of on the above terms.”

Advocate for Khan submitted before the Court that the police authorities had deliberately brought it up through a political party spokesperson at the time of the hearing of bail and these were circulated through WhatsApp. It further said that the ‘history-sheet’ tag is malafide and they have also given mobile numbers and names of the family, including minor members, of Amanatullah Khan.

On the last date of the hearing, the Counsel for the Delhi Police had submitted that he had advised the competent authority to suitably amend the provisions of the Punjab Police Rules, 1934, which are currently being applied in NCT of Delhi, therefore the Court had directed the competent authority to consider the recommendation made by him and take necessary action within eight weeks.

The appeal was filed by the Aam Aadmi Party (AAP) MLA Amanatullah Khan, challenging the order of the Delhi High Court regarding the decision of Delhi Police to list him as a "history-sheeter" and of "bad character" in connection with a bribery case where he had allegedly misappropriated Delhi Wakf Board's funds.

The Court highlighted that the amended standing orders state that details of any minor relative should not be recorded anywhere in the history sheet unless there is evidence that the minor had earlier afforded shelter to the offender, while he was on the run from police.

Senior Advocate Sanjay Jain appeared for Delhi Police and said that the petition has already been filed before the Delhi High Court as regards the leakage of information and is listed today i.e. April 29, 2024. He said that the petition before the High Court was filed alleging that someone from the Department was responsible for the leakage to the political parties.

The Court held that “The safeguard with regard to phone number, EPIC, Aadhar card and other details have also been suggested in the standing order…We may clarify that for the purposes of the case at hand the history sheet is only for internal circulation and a publicly accessible report, largely addresses the issue. Secondly, extra care and precaution which is required to be observed by police authorities to ensure that the identity of the child is not disclosed as per the law is also an essential step that addresses the avoidable exposure that has unfortunately been given to the minor children in this case.”

The Supreme Court had issued notice to the Delhi Police in the matter in July 2023. The Delhi High Court in January 2023 had dismissed a petition filed by Khan, challenging the decision of the Delhi Police. A bench of Justice Surya Kant and Justice Dipankar Datta while issuing notice sought the response of the Delhi Police in the matter. The Counsel appearing for Khan sought permission to read out the extracted relevant portions of the impugned order of the Delhi High Court, which he alleged is erroneous.

Khan on May 13, 2022, had gathered from social media that SHO, PS Jamia Nagar (respondent no.4) on March 28, 2022, had submitted a dossier to the Assistant Commissioner of Police (ACP), New Friends Colony (respondent no. 3) and Deputy Commissioner of Police (DCP), South East (the respondent no.2 ) along with the proposal of opening History Sheet of the petitioner and to place his name as ‘Bad Character’ (BC) in Register-X, Part-II, Bundle A ‘to keep a close surveillance on his activities and said the proposal also accompanied a list of total 18 cases stated to be registered him. Therefore, he sought quashing of opening/approval of the History Sheet declaring him as bad character and consequential entries in the Surveillance Register being exercised by respondent nos.2 to 4 because it was being exercised with irregularity and impropriety in a mala fide manner and contravention of the Rules as applicable to NCT of Delhi.

It was further contended that the mala fide conduct was also manifestly apparent from the fact that the entire dossier and the purported proposal were deliberately leaked in the media. However, a single judge bench of Justice Sudhir Kumar Jain, in the judgment dated October 7, 2022, had refused to accept Khan's contentions. It is further to be noted that the Rouse Avenue Court had granted bail to Khan earlier in the matter.

Cause Title: Amanatullah Khan vs The Commissioner Of Police, Delhi (SLP(Crl) No. 5719/2023)