On January 21, 2025, the Allahabad High Court limited the Uttar Pradesh Police’s power to maintain Class-B history sheets against individuals, reinforcing natural justice principles. The court emphasized the need for individuals to object before surveillance and mandated annual reviews, reflecting a shift toward transparency and accountability in police practices and protecting fundamental rights.
Allahabad: The Allahabad High Court on January 21, 2025, significantly curtailed the Uttar Pradesh Police’s authority to maintain Class-B history sheets against individuals, asserting the importance of upholding natural justice principles. The ruling challenges the previous norm that allowed police to categorize individuals as “confirmed and professional criminals” without following adequate procedural safeguards.
The Significance of the Ruling
Class-B history sheets, as per UP Police Regulations, were typically used to track individuals involved in crimes such as cheating and other non-violent criminal activities. However, the court’s decision mandates that any individual subjected to such surveillance must be granted an opportunity to object to the police’s recommendations before a history sheet is opened. This marks a pivotal shift towards transparency and fairness in police procedures.
The judgment, delivered by Justice Siddharth and Justice Subhash Chandra Sharma, emphasized that the police must provide a reasoned order after considering any objections raised by the individual, bringing more accountability to the process.
Challenging the Colonial Roots of the Practice
In its 33-page order, the court drew attention to the colonial roots of the existing police regulations. These were not designed with democratic norms or the protection of individual rights in mind. The bench remarked,
“Subjecting a citizen to surveillance without hearing reflects a colonial mindset and violates the fundamental rights to life, liberty, and equality under Articles 14 and 21 of the Constitution.”
This ruling came after a writ petition filed by four family members who claimed that the history sheets opened against them were unjust. They argued that the lack of opportunity to respond to the allegations before the Deputy Commissioner of Police in Greater Noida authorized the surveillance violated their rights.
A Shift Toward Fairer Police Practices
The court further criticized the existing mechanism for Class-B history sheets, pointing out that there was no annual review or clear guidelines to manage these sheets, unlike the more stringent norms for Class-A sheets. The bench called these oversights remnants of an outdated and draconian legal framework unfit for a modern, democratic society.
New Directives for the UP Government
The court ordered the Uttar Pradesh government to revise its procedures for opening Class-B history sheets. These revisions must ensure that individuals have an opportunity to object and that the sheets are subject to annual reviews to potentially close them if the individuals involved are acquitted or exonerated.
The Principal Secretary (Home) of Uttar Pradesh has been directed to report compliance with these new procedures within three months. Failure to comply will lead to the court revisiting the matter, underscoring the importance of this new directive to protect citizens from undue police scrutiny and preserve their fundamental rights.
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