Writ petition, addressed concerns regarding the inclusion of innocent individuals, particularly minor children, in police 'History Sheets' and proposed measures to safeguard their dignity and privacy. The court reviewed an amended Standing Order issued by the Commissioner of Police, Delhi, and emphasized the need to protect minor identities, comply with the Juvenile Justice Act, and maintain confidentiality. Furthermore, the court expanded the scope of the proceedings to prompt similar actions by police authorities in other States and Union Territories, aiming to prevent discriminatory practices and uphold human dignity as guaranteed by Article 21 of the Constitution. The judgment modified the previous decision, directed the implementation of the amended Standing Order, and instructed all States and Union Territories to reconsider their policies within six months.
Background: The appellant filed a writ petition seeking to quash a 'History Sheet' opened against him by the Delhi Police, which included concerning details involving the appellant's minor children. The High Court had previously dismissed the petition, leading to the current proceedings.
Revisiting Rules: Upon notice, the Delhi Police acknowledged concerns regarding the inclusion of innocent family members, especially minors, in History Sheets. They agreed to review the outdated rules governing such documents to ensure the protection of dignity and privacy.
Amended Standing Order: The Commissioner of Police, Delhi, issued an amended Standing Order emphasizing the importance of protecting minor identities, complying with the Juvenile Justice Act, and maintaining confidentiality in History Sheets.
Court's Observations: The court noted the significant changes brought about by the amended Standing Order, which addressed concerns by ensuring that History Sheets remain internal police documents and that minors' identities are only disclosed with evidence.
Expanding Scope: The court expanded the scope of the proceedings to prompt similar actions by police authorities in other States and Union Territories to prevent discriminatory practices and uphold human dignity as guaranteed by Article 21 of the Constitution.
Direction to States/Union Territories: All States and Union Territories were directed to review their policies and consider amendments similar to the 'Delhi Model' to ensure the observations made by the court are implemented effectively within six months.
Conclusion: The modified the previous decision, directed the implementation of the amended Standing Order, and instructed all States and Union Territories to reconsider their policies within six months to uphold human dignity and prevent discriminatory practices.
Case Title: Amanatullah Khan vs Commissioner Of Police, Delhi & Ors
Citation: 2024 LawText (SC) (5) 76
Case Number: Criminal Appeal No. 2349 Of 2024
Advocate(s): Wajeeh Shafiq, Naman Jain, Ramsha Shan, Sanjay Jain, Saransh Kumar, Shubhendu Anand, Umesh Babu Chourasia, Kritagya Kait, Mukesh Kumar Maroria
Date of Decision: 2024-05-07