SC Issues Notice To Delhi Police For Declaring AAP MLA Amanatullah Khan As "History-Sheeter" And Of "Bad Character"
|The Supreme Court has issued notice to the Delhi Police in an appeal 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 Delhi High Court in January this year 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 claimed is erroneous.
Background
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 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 the respondent nos.2 to 4 on the grounds that it was being exercised with irregularity and impropriety in a mala fide manner and in 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 had observed, “...The concerned authorities have followed due procedure of law and have complied with the mandatory requirements of the Rules in a reasonable manner. The approval was accorded by the respondent no.2 on the basis of material provided by the History Sheet. The approval given by the respondent no.2 was just, fair and reasonable and was not based on any personal prejudice or predilections. The opening of the History Sheet qua the petitioner and subsequent according of approval by the respondent no.2 was not based on conjecture or surmises but was accorded on application of mind and was not contrary to the strict provisions of the Rule. There was no mala fide exercise of discretion on the part of the respondent no.2 while according the approval on March 30, 2022.
It is further to be noted that the Rouse Avenue Court had granted bail to Khan earlier in the matter.
Cause Title: Amantullah Khan v. The Commissioner of Police, Delhi and Ors.