Allahabad High Court Limits UP Police's Authority on Class-B History Sheets
In a significant move towards safeguarding individual rights, the Allahabad High Court has curtailed the Uttar Pradesh Police's unchecked authority to maintain Class-B history sheets against individuals. The court emphasized the need for adherence to principles of natural justice, marking a critical step toward ensuring transparency and fairness in police procedures.
The Issue at Hand
Class-B history sheets are used by the UP Police to track individuals allegedly involved in non-violent crimes such as cheating. Until now, these sheets could be opened without giving the individuals a chance to defend themselves. This practice, rooted in colonial-era regulations, allowed the police to categorize individuals as "confirmed or professional criminals" without sufficient safeguards.
However, the High Court’s ruling, delivered by Justices Siddharth and Subhash Chandra Sharma, mandates that individuals must be allowed to object before their names are added to such records. The police are now required to issue a reasoned order, considering these objections, before proceeding further.
A Shift Toward Fairness
The court’s 33-page judgment criticized the colonial mindset underlying current police regulations, stating, “Subjecting a citizen to surveillance without hearing violates the fundamental rights to life, liberty, and equality guaranteed under Articles 14 and 21 of the Constitution.”
The ruling stemmed from a petition filed by four family members who argued that history sheets were opened against them unjustly and without due process. They pointed out that they were never given a chance to respond to the allegations before the Deputy Commissioner of Police in Greater Noida authorized their surveillance.
Key Reforms Ordered
The court identified several flaws in the current system:
1. No Opportunity for Defense: The police could surveil individuals without informing or hearing them.
2. No Annual Review: Unlike the stricter norms for Class-A history sheets, Class-B sheets lacked any mechanism for periodic review.
To address these issues, the court directed the Uttar Pradesh government to:
Revise procedures to ensure individuals are informed and given an opportunity to object.
Implement annual reviews of history sheets, with provisions for closure if the individuals involved are acquitted or exonerated.
The Principal Secretary (Home) has been tasked with ensuring compliance and must report back within three months. The court warned that failure to act would result in a revisitation of the matter.
A Step Toward Justice
This landmark ruling is not just about revising procedural norms; it’s about protecting the dignity and rights of citizens in a democratic society. By challenging outdated practices, the High Court has paved the way for a more transparent and accountable policing system in Uttar Pradesh. It sends a strong message that the rights of individuals cannot be compromised in the name of administrative convenience.
