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Amanatullah Khan vs The Commissioner of Police, Delhi & Ors.

Not available · 2024 INSC 383Decided 7 May 2024
Not available
Justice Surya Kant · Justice K.V. Viswanathan

Background

The appellant challenged a "History Sheet" (a police surveillance record for habitual offenders) opened against him and a proposal to declare him a "Bad Character," entered in a police surveillance register at a Delhi police station. He objected in particular because the History Sheet, prepared under old Punjab Police Rules, 1934, recorded disturbing personal details about his school-going minor children and other family members even though there was no adverse material against them. The Delhi High Court's Single Judge dismissed his writ petition, leading to this appeal.

Decision Breakdown

During the hearing, Delhi Police (through senior counsel) acknowledged the concern and placed on record an amended Standing Order (issued 21.03.2024) revising how History Sheets are prepared: it now restricts entries about "relations and connections" to persons who could genuinely shelter an absconding offender, prohibits recording details of minor relatives unless there is actual evidence they sheltered the offender, and aligns with the confidentiality protections for children under Section 74 of the Juvenile Justice Act, 2015. The Supreme Court welcomed this reform (the "Delhi Model"), holding that indiscriminately recording family members' personal details, especially of children, in police surveillance records without any evidentiary basis violates the right to live with dignity under Article 21. Since the amended Standing Order addressed the appellant's core grievance, the Court directed the amended framework be implemented and, importantly, directed all other States and Union Territories to review their own History Sheet policies and consider similar reforms, given they were not parties before the Court and could not be directly bound.

Lesson Learnt

Police surveillance records like History Sheets cannot casually include personal details of an accused's family members, especially minor children, without a specific evidentiary basis, doing so violates their constitutional right to dignity, even though they are not themselves accused of any offence.

Official source (sci.gov.in)View Judgment (PDF)

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