WRIT PETITION 24858 of 2023 on 20 December 2007

ORDER:

THE HON’BLE SRI JUSTICE HARINATH. NWRIT PETITION No.24858 of 2023

1. Thepetitionersarechallengingtheactiononpartoftherespondentsin openingandcontinuingof rowdy sheetvideC.NO.12/DC-DCRB/2009,dated18.07.2009againstthepetitioners.respondentsin openingandcontinuingof rowdy sheetvideC.NO.12/DC-DCRB/2009,dated18.07.2009againstthepetitioners.

2. The petitioners were shown as Accused Nos.1, 2,[4,][ 6][ &][ 7][ in]S.C.No.61of 2007andthepetitioners wereacquittedvidejudgment dated 20.12.2007 by the learnedI Additional[Sessions]Judge,Krishna, Machilipatnam.S.C.No.61of 2007andthepetitioners wereacquittedvidejudgment dated 20.12.2007 by the learnedI Additional[Sessions]Judge,Krishna, Machilipatnam.

3. Thelearnedcounselforthepetitionerssubmitsthattherespondents have not closed the rowdy sheet though[there][ is][ no]case pending for a period of five years from the date[of] openingof the rowdy sheet against the petitioners.respondents have not closed the rowdy sheet though[there][ is][ no]case pending for a period of five years from the date[of] openingof the rowdy sheet against the petitioners.

4. The learned counsel appearing for the petitioners[submits][ that]continuationof rowdy sheet against the petitionersisalsoasocialsigmaonthepetitioners.Itisalsosubmittedthatcontinuation of the rowdy sheet against the petitioners[without]any valid reason amounts to interfering with the fundamentalrights of the petitioners i.e., right to live with[dignity][ and][ the][ right]guaranteed under Article 19(1)(d).continuationof rowdy sheet against the petitionersisalsoasocialsigmaonthepetitioners.Itisalsosubmittedthatcontinuation of the rowdy sheet against the petitioners[without]any valid reason amounts to interfering with the fundamentalrights of the petitioners i.e., right to live with[dignity][ and][ the][ right]guaranteed under Article 19(1)(d).

WP.No.24858 of 2023

5. The learned Assistant Government Pleader representingtherespondents submits that a counteris filed and that the PoliceStanding Orders 602(2) clearly mentioned that nothing precludesthe SP/DCP/CP from continuing a suspect/rowdy sheet[on]thesole ground that the suspect/rowdy sheeter is not figuring[as an]accusedin the previous five years.It would depend upon thenatureoftheactivitiesofthesuspect/rowdysheeterforcontinuingthesuspect/rowdysheettoenablepeaceandtranquility in the society.respondents submits that a counteris filed and that the PoliceStanding Orders 602(2) clearly mentioned that nothing precludesthe SP/DCP/CP from continuing a suspect/rowdy sheet[on]thesole ground that the suspect/rowdy sheeter is not figuring[as an]accusedin the previous five years.It would depend upon thenatureoftheactivitiesofthesuspect/rowdysheeterforcontinuingthesuspect/rowdysheettoenablepeaceandtranquility in the society.

6. The learned Assistant Government Pleader appearingfor thestate does not dispute that there are no cases pending againstthe petitioners: however submits that the petitioners’activitieswould require continuous surveillance for the police[to][ maintain]the law and order in the state.state does not dispute that there are no cases pending againstthe petitioners: however submits that the petitioners’activitieswould require continuous surveillance for the police[to][ maintain]the law and order in the state.

7. Heard the learned counsel appearing for the petitioners[and][ the]learned Assistant Government Pleader for the state and perusedthe material on record.learned Assistant Government Pleader for the state and perusedthe material on record.

8. The following questions would fall for consideration of these writpetitions;petitions;

I.Whether the fundamental right under Article 19(1)(d)[of]a Citizenisinfringed upon on account of continueda Citizenisinfringed upon on account of continued surveillance under the guise of opening and continuingrowdy sheet ?

II.The scope of judicial review of rowdy sheet / rowdysheetonthetouchstoneofreasonableness,arbitrariness and non-application of mind ?sheetonthetouchstoneofreasonableness,arbitrariness and non-application of mind ?

9. It is also not in dispute that the petitioner(s)[was][ not][ convicted][ of]any offence(s). The stand taken by the respondents,that thePolice Standing Orders would empower the respondents to opensuspect sheets/rowdy sheets in order to maintain law and orderis not an unfetteredright. The Police Standing Orders[do]nothave statutory force. The standing orders are only[administrative]instructions.Itis also notin dispute that the Police StandingOrderswhichareissuedunderthePoliceAct wouldhavestatutory force.any offence(s). The stand taken by the respondents,that thePolice Standing Orders would empower the respondents to opensuspect sheets/rowdy sheets in order to maintain law and orderis not an unfetteredright. The Police Standing Orders[do]nothave statutory force. The standing orders are only[administrative]instructions.Itis also notin dispute that the Police StandingOrderswhichareissuedunderthePoliceAct wouldhavestatutory force.

10. Itis pertinent to refer to Chapter 31of the A.P.Police Codewhich contains 24 Standing Orders. They deal with the[Station]Crime history. Standing Orders 733 to 741 and Standing[Order]749 deal with Rowdy sheets. Standing Order 742 deals[with]rowdy sheets. Standing Orders 733to 737 relating to rowdysheets reads as follows;which contains 24 Standing Orders. They deal with the[Station]Crime history. Standing Orders 733 to 741 and Standing[Order]749 deal with Rowdy sheets. Standing Order 742 deals[with]rowdy sheets. Standing Orders 733to 737 relating to rowdysheets reads as follows; "S.O. 733. Part V-Rowdy sheets:- Part V consists ofRowdysheet(Form87)ofpersonsresidentpermanently or temporarily in the station limits, whoare known or believed to be addicted to or to aid and abet the commission of crime, whether convicted ornot, or who are believed to be habitual receivers.

S.O. 734. Automatic opening of Rowdy sheets: (1)Rowdy sheets shall be opened automatically at thetime of conviction for persons convicted as underand shall be retained for two years after release fromjail.

(2) Persons convicted as above will be styled 'knowndepredators'.However,inmatesorex-inmatesofBorstalInstitution shouldnot be styled as 'knowndepredators'.

(3) Rowdy sheets shouldbe openedfor suchofthoseregisteredex-notifiedtribe membersunderOrder 736, for whom the Superintendent of Police orthe Sub-Divisional Officer thinksit advisable to do soon account of their active criminality.(4) The Rowdy sheet of a known depredator, againstwhomanorderhasbeenpassedUnder Section556 of the Code of Criminal Procedure 1973 (ActNo. 2 of 1974) shall not be closed until the periodduring whichheis requiredtoreport changesofresidence has elapsed.

(G.O.Ms.No. 332 Judl.Dated; 20-2-1906 and 497Law General dated 10-2-1923).

S.O.735.DiscontinuanceofRowdysheets;(1)Rowdy sheet shall be closed by the definite orders[of]a Gazetted Officer and shall be filedin the Station.The Rowdy sheets of persons, who have died shallbe destroyed by the order of a Gazetted Officer. TheSuperintendent of Police may order the closure ofRowdysheetatanytime,butaSub-DivisionalOfficer may only do so on the expiry of the periodnamed above.

(2) Wheretheretentionofarowdysheetisconsidered necessary after two years of registration,orders of a Gazetted Officer must be taken for theextension of the period in the first instance upto[the]end of the next December, andfor further annual lb extensions from January to December. (G.O.Ms. No.3929, Home dt: 5-9-1950)

S.O.736.Suspects;-(1)Thefollowingpersonsshould be classed as suspects and rowdy sheetsshall be opened for them under the orders of theSuperintendent of Police or Sub-Divisional Officer, (a) persons once convicted under any section of theIndianPenal Code whoareconsideredlikelytocommit Crime again; and (b)personsnotconvictedbutbelievedtobeaddicted to crime.

(2) Care should be taken to see that rowdy sheetsare opened under this order only for persons whoarelikely to turn out to be habitual criminals and,therefore required to be closely watched.

S.O.737.Periodofretentionof Rowdy sheetsofsuspects:Rowdysheetsofsuspectsshallbemaintained from the date of registration upto the endof December, after which the orders of a GazettedCfficer as to their discontinuance or retention for[a]further period shall be obtained. (G.C.Ms. No. 3929Home dt:5.9.1950).

14. AreadingoftheStandingCrdersleadstothefollowingconclusions:

a)ApolicestationhastoopenRowdysheetautomatically at the time of conviction of a person.But the convictionis not forall offences. When aperson is convicted once Under 310(2) to 310(5) ofBNS (Previously Sections 395 to 402 IPC), when aperson is convicted twice for house breaking or theft,when a personis bound over twice Under Section128 of BNSS (previously Section 109 of the Code ofCriminalProcedure),andboundoveroncethePolice are empowered to open rowdy sheet. Besidesthese,personswhoareconvictedforoffencesrelatingtocoinsandGovernmentStampsandpersons convicted ^«ir.e fojLthe offences like theft and house breaking and professional prisoners arealso the persons against whom rowdy sheet can beautomatically opened by the police,also the persons against whom rowdy sheet can beautomatically opened by the police, b)Rowdy sheets can also be opened evenif thereisno conviction. But in such case the person shouldhave been known or believed to be addicted to, oraid or abet the commission of a crime,no conviction. But in such case the person shouldhave been known or believed to be addicted to, oraid or abet the commission of a crime,

c)The Rowdy sheet openedshall be continued andmaintained only for a period of two years and shallbe closed only on definite orders of Gazetted Officer.The Police may however order closure of the Rowdysheet at any time (PSO 735).maintained only for a period of two years and shallbe closed only on definite orders of Gazetted Officer.The Police may however order closure of the Rowdysheet at any time (PSO 735).

d)The Rowdy sheet can be continued and maintainedforfurtherperiodofoneyeartilltheendofDecember, but such continuance can be on specificorders of a Gazetted Officer who after consideringthe case comes to conclusion that it is necessary tocontinue the Rowdy sheet and extend retention ofthe Rowdy sheet. Annual extensions for continuationof Rowdy sheet can also be given from January toDecember, (PSOs. 735 and 737).forfurtherperiodofoneyeartilltheendofDecember, but such continuance can be on specificorders of a Gazetted Officer who after consideringthe case comes to conclusion that it is necessary tocontinue the Rowdy sheet and extend retention ofthe Rowdy sheet. Annual extensions for continuationof Rowdy sheet can also be given from January toDecember, (PSOs. 735 and 737).

e)Thepolicemayalsoopenrowdysheetsforsuspects.Suspectsarethosepersons whoareconvicted under any section of the Bharatiya NyayaSanhita,2023and whoareconsideredlikelytocommit crime again. Persons who are not convictedbut are believedto be addictedto crime are alsotreatedassuspects.Incase a Rowdy sheetisopened on the ground that a personis a suspectcare should be taken that Rowdy sheets are openedonly for persons who are likely to become habitualcriminals (PSO 736).suspects.Suspectsarethosepersons whoareconvicted under any section of the Bharatiya NyayaSanhita,2023and whoareconsideredlikelytocommit crime again. Persons who are not convictedbut are believedto be addictedto crime are alsotreatedassuspects.Incase a Rowdy sheetisopened on the ground that a personis a suspectcare should be taken that Rowdy sheets are openedonly for persons who are likely to become habitualcriminals (PSO 736).

11. The police after opening rowdy sheets would constantly keep the rowdy sheeter under their radar of surveillance. The same would restrict the free movement of the said citizen.

12. The Hon’ble Supreme Court in the matter of Kharaksingh[Vs.]The State of U.P and others'* had dealt with this issue and dulyconsidering the law laid down by the Hon’ble Supreme[Court][ in]A.K. Gopalan v. State of Madras^ case set aside the suspectsheet by holding that suchillogical acts without adequate[and]justifiable reasons whichis infringe upon the fundamental rightsof the petitioner(s) therein.The State of U.P and others'* had dealt with this issue and dulyconsidering the law laid down by the Hon’ble Supreme[Court][ in]A.K. Gopalan v. State of Madras^ case set aside the suspectsheet by holding that suchillogical acts without adequate[and]justifiable reasons whichis infringe upon the fundamental rightsof the petitioner(s) therein.

13. On the facts of the present case, the continuance of rowdy sheetagainst the petitioner(s) would amount toillegal surveillanceswhich is an arbitrary act on part of the state. The[same][ includes]the right to privacy and violates Article 21 of the[Constitution][ of]India. At the same time,it is made clear that keeping a personunder watch to prevent crime and to maintain law and[order as]authorized by law is a reasonable restriction which is permissibleunder the Constitution of India.against the petitioner(s) would amount toillegal surveillanceswhich is an arbitrary act on part of the state. The[same][ includes]the right to privacy and violates Article 21 of the[Constitution][ of]India. At the same time,it is made clear that keeping a personunder watch to prevent crime and to maintain law and[order as]authorized by law is a reasonable restriction which is permissibleunder the Constitution of India.

14. Thereis nojustificationincontinuationof therowdysheetagainst thepetitioner(s), more so whenthere wasnocaseregistered against the petitioner(s) for a period of five years fromthe dateof openingof the rowdysheet. Thependingcaseagainst thepetitioner(s), more so whenthere wasnocaseregistered against the petitioner(s) for a period of five years fromthe dateof openingof the rowdysheet. Thependingcase ^ AIR 1950 SC 27

against the petitioner(s) would also not warrant continuance ofthe rowdy sheet against the petitioner(s).

15. For the aforementioned reasons, the writ petitionisallowed.AmandamusisissuedtotherespondentsandtotheirsubordinatestoclosetherowdysheetvideC.N0.I2/DC-DCRB/2009, dated 18.07.2009 against the petitioners.AmandamusisissuedtotherespondentsandtotheirsubordinatestoclosetherowdysheetvideC.N0.I2/DC-DCRB/2009, dated 18.07.2009 against the petitioners.

16. Pending miscellaneous petitions, if any, shall stand closed.

Sd/- K. TATA RAODEPUTY REGISTRAR

//TRUE COPY//

To

4ThD-,0SECTION OFFICER1. The Principal Secretary, State of Andhra Pradesh, Home DepartmentSecretariat, Amaravathi, Andhra Pradesh-522237.^1. The Principal Secretary, State of Andhra Pradesh, Home DepartmentSecretariat, Amaravathi, Andhra Pradesh-522237.^

i!??Commissioner of Police, Mylavaram Divison, AGP OfficeMylavaram, Krishna District-521230.Mylavaram, Krishna District-521230.

3. TheStationHouseOfficer,GamapalagudemPoliceStation,Gamapalagudem, Krishna District-521403Gamapalagudem, Krishna District-5214034. One CC to SRI K V ADITYA CHOWDARY Advocate [OPUC]

5. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT]

6. Three CD Copies

gsg

HIGH COURT

DATED: 11/03/2025

ORDER

WP.No.24858 of 2023

i

ALLOWING THE WPWITHOUT COSTS