Breaking: History Sheet Is Internal Police Document; Must Not Be Brought In Public Domain: SC Holds In AAP MLA Amanatullah Khan Bribery Case

Aastha Kaushik

7 May 2024 5:45 AM GMT

The Supreme Court, today, in Aam Aadmi Party (AAP) MLA Amanatullah Khan Waqf Bribery Case, has observed that the history sheet is an internal police document and the same should not be brought into public domain and partly set aside the Delhi High Court's order validating publication of 'history-sheet'.

The court directed all the State authorities and union territories to revisit their policies and consider amendments.

The Bench of Justice Surya Kant and Justice KV Viswanathan observed, "History sheet is an internal police document and must not be brought in public domain....we propose to direct police authority that amended standing order...given effect forthwith the order shall be applied on this case also. In addition, we also direct Commissioner of Police to designate a senior police officer in rank of joint commissioner in this regard...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."

On the last date of hearing, the Supreme Court, while expunging the names of minor relatives of AAP MLA Amanatullah Khan from the history sheet and reserving the judgment, had directed the Delhi Police that the amended standing order dated March 21, 2024, shall be applied forthwith to the present case and the Commissioner of Police Delhi shall designate a senior police officer to audit the history sheets to ensure the maintenance of confidentiality and desirability deleting the names of juveniles and children.

The Counsel for Khan had 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 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 had 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.

Previously, 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 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)

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Aastha Kaushik