Telangana High Court
WA/991/2007 of S.K.Basheed, Vs The Government of A.P., Rep by its Principal Secretary, on 24 December 2007
SRI BILAL NAZKI, THE ACTING CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO.991 OF 2007 Dated 24th December, 2007 Between: S.K.Basheed …Appellant And The Government of Andhra Pradesh Rep. by its Principal Secretary And six others …Respondents
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Conclusion
THE HON’BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICE
AND
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN
WRIT APPEAL NO.991 OF 2007
Dated 24[th] December, 2007
Between:
S.K.Basheed …Appellant
And
The Government of Andhra PradeshRep. by its Principal SecretaryAnd six others …Respondents THE HON’BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICEAND
THE HON'BLE SRI JUSTICE RAMESH RANGANATHANWRIT APPEAL NO.991 OF 2007
J U D G M E N T(Per Hon’ble Sri Bilal Nazki, the Acting Chief Justice):
This writ appeal is filed aggrieved by the orderdated 24-07-2007 passed by the learned Single Judge inW.P.No.3218 of 2006, whereby the learned Single Judge dismissed thewrit petition.
The writ petition is filed seeking a declaration that the openingof rowdy sheet against the writ petitioner was illegal. The writpetitioner also sought setting aside of the rowdy sheet opened againsthim. The writ petition has been dismissed by the learned SingleJudge.
During the course of hearing of this writ appeal, learned counselfor the writ petitioner/appellant submitted that even if opening of arowdy sheet is upheld even then, the police does not get any power tocall the person named in the rowdy sheet to the police station as andwhen the police wants. The learned counsel further submitted that oneach occasion of festival and on every important date, the writpetitioner is being called to the police station, kept in confinement forlong hours without any reason and then left after the event is over.Therefore, we had called the learned Government Pleader for Home totell us about the powers, which the police have to call the people to thepolice station as a precautionary measure. It was conceded that toavoid the commission of any offence on festivals and on other important occasions, the rowdy sheeters are being called to the policestations as part of surveillance, but there was no law authorizing as acourse and realizing this, the Police Commissioner has issued aCircular Memo No.L&O/N2/3063/2007 dated 13-12-2007 and filed anaffidavit in this Court. This Circular has referred to the writ petitiondisposed of by this Court being W.P.No.24444 of 1998, in which thepower of Government to open rowdy sheets was upheld, but certainguidelines were given with regard to the opening and maintenance ofhistory sheets including the rowdy sheets. Now the Commissioner ofPolice in the Circular Memo has impressed upon all the policestations to strictly follow the guidelines laid down by this Court and hehas specifically directed that the surveillance should not beobstructive. The guidelines given by this Court have also beenmentioned in the Circular Memo. Therefore, we feel that after thisCircular Memo is issued, the police will not resort to summoning of thepersons to police stations without any reason.
In this view of the matter, no further orders are needed to bepassed in this writ appeal, which is accordingly disposed of.
___________________________
Bilal Nazki, ACJ
Dated 24[th ]December, 2007
____________________________
Ramesh Ranganathan,J
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