In a landmark ruling, the Allahabad High Court today curtailed the unrestricted authority of the Uttar Pradesh Police to maintain Class-B history sheets against individuals, emphasizing adherence to natural justice principles. The decision challenges the previous norm that allowed police to categorize individuals as “confirmed and professional criminals” without sufficient procedural safeguards.
Class-B history sheets, as defined by the UP Police Regulations, typically cover individuals involved in crimes like cheating and other non-violent criminal activities. The judgment from Justice Siddharth and Justice Subhash Chandra Sharma mandates that any person subjected to such surveillance must be given a chance to object to the police’s recommendations before any history sheet is opened.
The court’s decision stresses the need for a reasoned order from police authorities after considering the objections presented, marking a significant shift towards transparency and fairness in police procedures.
In its 33-page order, the court highlighted the colonial roots of the current police regulations, which were not designed with democratic norms or the protection of individual rights in mind. “Subjecting a citizen to surveillance without hearing reflects a colonial mindset and violates the fundamental rights to life, liberty, and equality under Articles 14 and 21 of the Constitution,” the bench noted.
This ruling came in response to a writ petition filed by four family members who argued that the history sheets opened against them were unjust and lacked a fair process. They contested the lack of opportunity to respond to the allegations before the Deputy Commissioner of Police in Greater Noida authorized the surveillance.
The court criticized the existing mechanism for the lack of an annual review or guidelines on managing Class-B history sheets, unlike the more stringent norms for Class-A sheets. The bench described these oversights as remnants of an outdated and draconian legal framework unfit for today’s democratic society.
Further, the court ordered the Uttar Pradesh government to revise the procedures for opening history sheets, incorporating opportunities for objection and ensuring annual reviews to potentially close sheets if the individuals involved are acquitted or exonerated.
The Principal Secretary (Home) of Uttar Pradesh has been directed to report compliance within three months. Failure to do so will result in the court revisiting the matter, ensuring strict adherence to this new directive aimed at protecting citizens against undue police scrutiny.
