SC asks States, UTs to ensure no mechanical entries in history sheet of innocent individuals

New Delhi [India], May 7 : The Supreme Court on Tuesday asked the police of all the States and Union Territories to ensure that no mechanical entries in history sheet are made of innocent individuals.
A bench of Justices Surya Kant and KV Viswanathan initiated a suo-moto case and said there are some studies available in the public domain that reveal a "pattern of unfair, prejudicial and atrocious mindset".
It asked States and Union Territories to consider whether suitable amendments on the pattern of the 'Delhi Model' could be made to protect the dignity, self-respect and privacy of innocent people.
Passing the order, the bench said, "We now, in exercise of our suo motu powers, propose to expand the scope of these proceedings so that the police authorities in other States and Union Territories may also consider the desirability of ensuring that no mechanical entries in history sheet are made of innocent individuals, simply because they happen to hail from the socially, economically and educationally disadvantaged backgrounds, along with those belonging to Backward Communities, Scheduled Castes and Scheduled Tribes."
The order of the apex court came while deciding on a plea of Aam Aadmi Party (AAP) MLA Amanatullah Khan against the action of Delhi Police declaring him a "bad character" by opening a history sheet against him.
The top court modified the decision of the Delhi High Court to the extent that- details of Khan's minor school-going children and his wife, against whom there was no adverse material, wouldn't be included in the history sheet.
The apex court also said a history sheet is an internal public document and not a publicly accessible report.
Extra care and precaution should be observed by police officers while ensuring that the identity of a minor is not disclosed as provided by law in a history sheet, the bench said.
"It is alleged that police diaries are maintained selectively of individuals belonging to Vimukta Jatis, based solely on caste bias, a somewhat similar manner as happened in colonial times," the apex court said.
It directed that all state governments take necessary preventive measures to safeguard such communities from being subjected to inexcusable targeting or prejudicial treatment.
Khan had filed an appeal challenging the opening of history sheet against him by Delhi Police in March last year, declaring him as a 'bad character'.
Khan, a Member of the Legislative Assembly (MLA) who represents the Okhla constituency of Delhi, moved the top court against the High Court order, which upheld the decision of the Delhi Police to list him as a 'bad character.'
Before the High Court, he had sought direction to quash the history sheet on the grounds that it was issued in violation of the Punjab Police Rules.
The High Court, however, while dismissing his plea, stated that it was apparent from the record that the authorities followed the rules.
Khan had pointed out that he is neither a convict nor a proclaimed offender.
However, as an elected representative and a mass leader who takes up the causes of the downtrodden, the petitioner has had run-ins with the Delhi police, he added.