WRIT PETITION 17215 of 2024 on 30 November 2007

ORDER:

THE HON’BLE SRI JUSTICE HARINATH. NWRIT PETITION No.17215 of 2024

1. Thepetitionerischallengingthein-actiononpartoftherespondents in closing the rowdy sheet which was opened[vide]proceedingsC.No.120/ACP-N/Genl/07,dated30.11.2007against the petitioner.respondents in closing the rowdy sheet which was opened[vide]proceedingsC.No.120/ACP-N/Genl/07,dated30.11.2007against the petitioner.

2. The petitioner was shown as Accused No.1 in SC.No.21 of 2009and the petitioner was acquitted vide judgment dated 31.10.2011by the learned Sessions Judge, Mahila Court, Visakhapatnamand Accused No.1 in SC.No.850 of 2009 and the petitionerwasacquitted vide judgment dated14.12.2012 by thelearnedIIAdditional chief Metropolitan Magistrate at Visakhapatnam.and the petitioner was acquitted vide judgment dated 31.10.2011by the learned Sessions Judge, Mahila Court, Visakhapatnamand Accused No.1 in SC.No.850 of 2009 and the petitionerwasacquitted vide judgment dated14.12.2012 by thelearnedIIAdditional chief Metropolitan Magistrate at Visakhapatnam.

3. Thelearnedcounselforthepetitionersubmitsthattherespondents 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 petitioner.It is submitted that theonly case which is pending against the petitioner does[not][ come]underthescheduleofoffenceswhichwouldenabletherespondents to maintain the rowdy sheet.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 petitioner.It is submitted that theonly case which is pending against the petitioner does[not][ come]underthescheduleofoffenceswhichwouldenabletherespondents to maintain the rowdy sheet.

4. The learned counsel appearing for the petitioner[submits]thatcontinuation of rowdy sheet against the petitioner[is][ also a][ social]continuation of rowdy sheet against the petitioner[is][ also a][ social]

sigma on the petitioner.It is also submitted that continuation ofthe rowdy sheet against the petitioner without any[valid][ reason]amountstointerferingwiththefundamentalrightsofthepetitioner i.e., right to live with dignity and the right guaranteedunder Article 19(1)(d).

5. The learned Assistant Government Pleaderrepresentingtherepresentingtherespondents submitsthat the Police Standing Orders 602(2)clearly mentioned that nothing precludes the SP/DCP/CP fromcontinuing a rowdy sheet on the sole ground that the rowdysheeter is not figuring as an accused in the previous five years.Itwould depend upon the natureof the activities of the rowdysheeter for continuing the suspect sheet to enable peace andtranquility in the society.clearly mentioned that nothing precludes the SP/DCP/CP fromcontinuing a rowdy sheet on the sole ground that the rowdysheeter is not figuring as an accused in the previous five years.Itwould depend upon the natureof the activities of the rowdysheeter for continuing the suspect sheet to enable peace andtranquility in the society.

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

7. Heard the learned counsel appearing for the petitioner 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 thesewrit petitions;

I.Whether the fundamental right under Article 19(1)(d)[of]a Citizenis infringed upon on account of continuedsurveillance under the guise of opening and continuingrowdy sheet ?a Citizenis infringed upon on account of continuedsurveillance 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 was not convicted ofany offence(s). The stand taken by the respondents,that thePolice Standing Orders would empower the respondents[to]openrowdy sheets/rowdy sheets in order to maintain law and order i:ISnot an unfettered right. The Police Standing Orders do not havestatutoryforce. The standingorders are only administrativeinstructions.It is also notin dispute that the Police StandingOrders whichareissued under thePoliceAct wouldhavestatutory force.any offence(s). The stand taken by the respondents,that thePolice Standing Orders would empower the respondents[to]openrowdy sheets/rowdy sheets in order to maintain law and order i:ISnot an unfettered right. The Police Standing Orders do not havestatutoryforce. The standingorders are only administrativeinstructions.It is also notin dispute that the Police StandingOrders whichareissued under thePoliceAct wouldhavestatutory force.

10. It is pertinent to refer to Chapter 31of the A.P.Police Codewhich contains 24 Standing Orders. They deal with the StationCrime history. Standing Orders 733 to 741 and Standing[Order]749 deal with Rowdy sheets. Standing Order 742 dealswithrowdy sheets. Standing Orders 733 to 737 relating to rowdysheets reads as follows:which contains 24 Standing Orders. They deal with the StationCrime history. Standing Orders 733 to 741 and Standing[Order]749 deal with Rowdy sheets. Standing Order 742 dealswithrowdy sheets. Standing Orders 733 to 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 andabet 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,inmatesor ex-inmatesofBorstalInstitution should not be styled as 'knowndepredators'.

(3) Rowdy sheets should be openedfor suchofthoseregisteredex-notifiedtribemembersunderOrder 736, for whom the Superintendent of Police orthe Sub-Divisional Officer thinks it advisable to do soon account of their active criminality.

(4) The Rowdy sheet of a known depredator, againstwhomanorder has beenpassed Under Section556 of the Code of Criminal Procedure 1973 (ActNo. 2 of 1974) shall not be closed until the periodduring which heis requiredtoreport changes ofresidence has elapsed.

(G.O.Ms.No.332Judl. 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 theend of the next December, and for further annual shnuM^f'Thefollowing personsh ^as suspects and rowdy sheetsshall be opened for them under the orders of theSuperintendent of Police or Sub-Diuislonal Officer

Mian'''pLl"?ode"'''?®'''hennJf to3''® consideredlikelv tocommit Crime again; and^°

(b) personsnotconvictedbutbelievedtobeaddicted to crime.

(2) Care should be taken to see that rowdy sheetsare opened under this order only for persons whoare likely to turn out to be habitual criminal andtherefore required to be closely watched.

S.0.737. Period of retention of Rowdy sheets nfsuspects: Rowdy sheetsof suspects shaT bemaintained from the date of registration upto the endof December, after which the orders of a GazettedH^m^TsTlotoj'Officer as to their discontinuance or retention for^929 a

14. AreadingoftheStandingOrdersleadstotheconclusions; following a)ApolicestationhastoopenRowdysheetBut°th?conviction of a person.But the conviction is not for all offences When aRMq°ip'^ 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*28 of BNSsTr,Unde? Section(previously Section 109 of the Code ofCriminalProcedure),andboundoveroncethePolice are empowered toopen rowdy sheet. Besides these,personswhoareconvictedforoffencesrelatingtocoinsandGovernmentStampsandpersons convicted twicefor the offenceslike theftand house breaking and professional prisoners arealso 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 opened shall 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 extendretentionofthe 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 extendretentionofthe Rowdy sheet. Annual extensions for continuationof Rowdy sheet can also be given from January toDecember, (PSOs. 735 and 737).

e)Thepolicemayalsoopenrowdysheetsforsuspects.Suspectsarethosepersonswhoareconvicted under any section of the Bharatiya NyayaSanhita,2023 and whoareconsideredlikelytocommit crime again. Persons who are not convictedbut are believedtobeaddictedtocrimearealsotreatedassuspects.Incasea Rowdysheetisopened 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.Suspectsarethosepersonswhoareconvicted under any section of the Bharatiya NyayaSanhita,2023 and whoareconsideredlikelytocommit crime again. Persons who are not convictedbut are believedtobeaddictedtocrimearealsotreatedassuspects.Incasea Rowdysheetisopened 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 dulyThe State of U.P and others'' had dealt with this issue and dulyconsidering the law laid down by the Hon’ble Supreme Court inA.K. Gopalan v. State of Madras^ case set aside the suspectA.K. Gopalan v. State of Madras^ case set aside the suspectsheet by holding that such illogical acts without adequate[and]justifiable reasons which is infringe upon the fundamental rightsof the petitioner therein.justifiable reasons which is infringe upon the fundamental rightsof the petitioner therein.

13. On the facts of the present case, the continuance of rowdy sheet of rowdy sheetagainst the petitioner would amount to illegal surveillances whichis an arbitrary act on part of the state. The same includes theright to privacy and violates Article 21 of the Constitution of India.At the same time, it is made clear that keeping a person underwatchtopreventcrime andtomaintainlaw andorderasauthorizedby law is a reasonablerestriction which is permissibleunder the Constitution of India.is an arbitrary act on part of the state. The same includes theright to privacy and violates Article 21 of the Constitution of India.At the same time, it is made clear that keeping a person underwatchtopreventcrime andtomaintainlaw andorderasauthorizedby law is a reasonablerestriction which is permissibleunder the Constitution of India.

14. Thereis no justificationincontinuationof therowdy sheetagainstthepetitioner,moresowhentherewasnocaseregistered against the petitioner for a period of five years fromthe dateof openingof the rowdy sheet. The pendingcaseagainstthepetitioner,moresowhentherewasnocaseregistered against the petitioner for a period of five years fromthe dateof openingof the rowdy sheet. The pendingcase ^ 1963 AIR Supreme Court 1295

2 AIR 1950 sc 27

against the petitioner would also not warrant continuance of therowdy sheet against the petitioner.

15. For the aforementioned reasons, the writ petitionis allowed. Amandamusisissuedtotherespondentsandtotheirsubordinatestoclosethe proceedingsvide C.N0.I20/ACP-N/Genl/07, dated 30.11.2007.mandamusisissuedtotherespondentsandtotheirsubordinatestoclosethe proceedingsvide C.N0.I20/ACP-N/Genl/07, dated 30.11.2007.

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

SD/-G. HELA NAIDUASSISTANT REGISTRAR//TRUE COPY//SECT!OFFICER

To,

1. The Principal Secretary, Department of Home, State[of][ Andhra]Pradesh, AP Secretariat Buildings, Velgapudi, Guntur[District.]Pradesh, AP Secretariat Buildings, Velgapudi, Guntur[District.]

2. The Director General of Police, State of Andhra Pradesh DGP Office,Amaravati, Guntur DistrictAmaravati, Guntur District

3. The Commissioner of Police, Suryabagh, Visakhapatnam[District-]530001530001

4. Deputy Commissioner of Police, Suryabagh, Visakhapatnam[District-]530001530001

5. The Assistant Commissioner of Police, North Sub-Division,Visakahapatnam City.Visakahapatnam City.

6. The Station House officer, Kancharapalem Police Station,Visakhaptnam District.Visakhaptnam District.

7. One CC to Sri Pulamarasetti Ramalingeswara Rao, Advocate [OPUC]

8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]

9. Three CD Copies.

HIGH COURT

DATED;28/03/2025

ORDER

WP.No.17215 of 2024

ALLOWING THE W.P. WITHOUT COSTS