AAP MLA Amanatullah to contest his case on merit against order declaring him 'Bad Character'

New Delhi [India], September 1 : The Delhi High Court on Thursday was apprised by AAP MLA Amanatullah Khan, who will contest his case on merit against the Delhi Police order declaring him a 'Bad Character'. The court was apprised of the instruction by the petitioner's counsel.
On Wednesday, the High Court suggested to him to avail administrative remedy by filing a representation against the Delhi Police. The court had asked the counsel to take instructions.
Advocate M. Sufian Siddiqui apprised Justice Sudhir Kumar Jain on Thursday and said that his client wished to argue his case on merit instead of filing a representation against the Delhi Police order declaring him a bad character.
The court thereafter listed the matter on September 23 for further hearing.
The court yesterday said that it is an administrative order. Courts have very limited scope when it comes to judicial review.
Advocate Siddiqui had submitted that the Court might pass the order to treat this petition as representation.
During the hearing, ASG Sanjay submitted before the court that the process of declaring a person a bad character is confidential. This information about the process cannot be shared with the person against whom the process was initiated.
He had also submitted that the decision was taken by a competent authority on the basis of material available with the DCP and included a list of cases.
It is right that the petitioner is not a convict but there are cases against him. On this basis, his name has been registered with the register for surveillance and a history sheet has been opened. This decision was taken with the proper application of mind.
It was submitted that the information cannot be shared with the petitioner but it can be shared with the court for judicial scrutiny.
On the other hand, the counsel for AAP MLA had contended that this is the first unprecedented case where a sitting MLA has been declared a bad character. Otherwise, the story is the other way round where the bad characters become MPs and MLAs.
Earlier the High Court had issued notice to Delhi Police on a plea moved by AAP MLA Amanatullah Khan. He had challenged the order issued by Delhi Police declaring him a 'Bad character' of the area.
The bench had, however, declined to interfere in the decision taken by Delhi Police. The counsel for the petitioner had urged the court to pass an interim direction for Delhi Police for not acting on the decision.
AAP MLA Amanatullah Khan had moved a petition through Advocate M. Sufian Siddiqui challenging the decision taken by the Delhi police and sought direction for quashing the decision.
The petition stated that the dossier was leaked to the media in contravention of rules and regulations, which mandated it to be kept confidential.
The petitioner said it was a classic case of brazen abuse of the process of law by the Delhi Police.
The plea moved by AAP MLA from Okhla had sought quashing of the history sheet and the proposal of declaring him a bad character. He also sought to remove his name from the register for surveillance to keep a close watch on his activities.
The SHO Jamia Nagar had submitted a dossier to the DCP South East and to ACP New Friends Colony along with a proposal of opening a history sheet and placing his name as 'Bad Character'.
The petition also submitted that the approval was granted in a mechanical manner.