[BREAKING] AAP MLA Amanatullah Khan Bribery Case | “History Sheet Must Remain Internal Police Document, Not in Public Domain”: SC

The Supreme Court, Today (May 7th), in Aam Aadmi Party (AAP) MLA Amanatullah Khan Waqf Bribery Case, has observed that the history sheet is an internal police document and the same should not be brought into public domain and partly set aside the Delhi High Court’s order validating publication of ‘history-sheet’. The court directed all the State authorities and union territories to revisit their policies and consider amendments

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NEW DELHI: In the case involving Aam Aadmi Party (AAP) MLA Amanatullah Khan, the Supreme Court highlighted that the history sheet is an internal police document that should not be brought into the public domain. This decision partially set aside a Delhi High Court order validating the publication of a “history sheet.”

The Bench, comprised of Justice Surya Kant and Justice KV Viswanathan, emphasized,

“History sheet is an internal police document and must not be brought in public domain… we propose to direct police authority that amended standing order…given effect forthwith the order shall be applied on this case also. In addition, we also direct Commissioner of Police to designate a senior police officer in rank of joint commissioner in this regard… to pre-emptively audit the history sheets and their contents, in order to ensure the maintenance of confidentiality and desirability of deleting the names of such persons/juveniles/children who are in the course of investigation found to be innocent and are found entitled to be expunged from the category of ‘Relations and connections of history-sheeter.’ It goes without saying that if a police officer is found to have acted against the amended order or the direction, firm action against such delinquent officers will be required to be taken.”

The Court directed all state authorities and union territories to revisit their policies and consider amendments accordingly.

In a previous hearing, the Supreme Court had directed the Delhi Police to apply the amended standing order from March 21, 2024, to the case involving Amanatullah Khan.

The Court had also instructed the Commissioner of Police, Delhi, to designate a senior police officer to audit the history sheets to ensure the maintenance of confidentiality and the deletion of the names of juveniles and children.

The case arose when Amanatullah Khan’s Counsel highlighted that the names of relatives, including minors, were mentioned in the history sheet, which was leaked to other political parties, affecting their right to privacy and confidentiality. The appeal challenged the Delhi High Court’s decision upholding the Delhi Police’s action to list Khan as a “history-sheeter” and of “bad character” in connection with a bribery case involving alleged misappropriation of Delhi Wakf Board’s funds.

The Court noted that the amended standing orders state that details of any minor relative should not be recorded in the history sheet unless there is evidence that the minor had previously provided shelter to the offender while he was evading the police. The Counsel for the Delhi Police had previously suggested amending the Punjab Police Rules, 1934, applied in Delhi, to which the Court had directed the competent authority to take necessary action within eight weeks.

The Supreme Court had previously issued a notice to the Delhi Police in the matter in July 2023. The Delhi High Court had dismissed Khan’s petition in January 2023, challenging the police’s decision. A bench of Justice Surya Kant and Justice Dipankar Datta had issued the notice, seeking the Delhi Police’s response. Khan’s Counsel had read out the relevant portions of the impugned order of the High Court, claiming it was erroneous.

The matter first came to light on May 13, 2022, when Khan learned from social media that the Station House Officer (SHO) of Jamia Nagar had submitted a dossier to the Assistant Commissioner of Police (ACP) of New Friends Colony and the Deputy Commissioner of Police (DCP) of South East Delhi, proposing to open a History Sheet for Khan and list him as a “Bad Character” in Register-X, Part-II, Bundle A, to monitor his activities.

The proposal included a list of 18 cases against Khan. Khan sought to quash the opening and approval of the History Sheet, arguing it was done with malice and contravened the rules applicable in Delhi.

Khan also argued that the dossier and proposal were deliberately leaked to the media. However, a single judge bench of Justice Sudhir Kumar Jain refused to accept Khan’s contentions in a judgment dated October 7, 2022. It is noteworthy that the Rouse Avenue Court had granted bail to Khan earlier in the matter.

Case Title:
Amanatullah Khan vs The Commissioner Of Police, Delhi (SLP(Crl) No. 5719/2023)

UNDERSTANDING WAQF ACT and WAQF BOARD and the COMPLICATIONS ARISING OUT OF IT for a SECULAR COUNTRY-INDIA

Waqf Act was first passed by Parliament in 1954. Subsequently it was repealed and a new Waqf Act was passed in 1995 which gave more powers to Waqf Boards. In 2013, this Act was further amended to give unlimited powers to Waqf Boards to snatch anyone’s property, which even could not be challenged in any court of law. In March 2014, just before the commencement of Lok Sabha Elections, the Congress gifted 123 prime properties in Delhi to Delhi Waqf Board by using this law. Due to this black law, thousands of acres of land of Hindus have been snatched away in the country so far. Recently Tamil Nadu waqf Board has declared 6 Villages of Tamil Nadu, including a 1500 years old Hindu Temple as Waqf property.

Simply put, the Waqf Board has unlimited powers to claim properties in the name of Muslim charity. But to understand how it got this right, we have to turn the pages of history.

In fact, the Hindus who came to India after partition from Pakistan, their properties in Pakistan were occupied by the Muslims and the Government of Pakistan. But the Government of India gave the land of Muslims who went from India to Pakistan to the Waqf Boards. After which the Waqf Board Act was made in the year 1954. But in the year 1995, by changing the Waqf Board Act, the Waqf Boards were given unlimited rights to acquire land. After which the property of the Waqf Board increased.

According to the data of Waqf Management System of India, at present there are a total 8,54,509 properties with Waqf Boards which are spread over more than eight lakh acres of land. You will be surprised to know that after the Army and Railways, most of the land is with the Waqf Boards.

In the year 2009, the properties of the Waqf Board were spread over four lakh acres of land. Which has now more than doubled. Whereas the land in the country is the same as it was before. So, how is the Waqf Board’s land increasing? Wherever the Waqf Board gets the boundary wall of the cemetery done in the country, it considers the land around it as its property. Similarly, illegal shrines and mosques are gradually declared by the Waqf Board as their property. In simple language, people call this encroachment and the Waqf Board has got the right to this encroachment.

Section 3 of the Waqf Act, 1995 states that if the Waqf “thinks” that the land belongs to a Muslim, then it is the property of the Waqf. It should be noted here that just “thinking of Waqf” is enough, Waqf Board does not need any proof for this. If Waqf accepts that your property is not yours but Waqf Board’s, then you cannot even go to court. You can approach the Waqf Tribunal Court.

Section 85 of the Waqf Act states that if you cannot satisfy the Waqf Board Tribunal that it is your own land, then you will be ordered to vacate the land. The decision of the Tribunal will be final. No court, not even the Supreme Court, can change the decision of the Waqf Tribunal.

Section 40 of the Waqf Act states that when the Waqf Board lays a claim on the land of a person, it is not the responsibility of the Waqf Board to prove the claim on the land, but the real owner of the land has to prove the ownership of his land.

That is, if the Waqf Board claims any land, then understand that the Waqf Board has become the owner of the land.

How a religious law like the Waqf Act has been made applicable in a secular country like India? The question is why is there no such act for Hindus, Christians and Sikhs? Why only for Muslims? See the irony that in the year 1991 the Places of Worship Act was made which says that the religious places which existed at the time of independence of the country will be retained as it is. At the same time, in 1995, the Waqf Act comes into force, which gives the right to the Waqf Board across the country to claim its rights on any property and the aggrieved party cannot even appeal in any court of the country against this.

It is strange to hear that such an act exists in a secular country, whereas there is no such act in any Muslim country. Muslim countries like Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan and Iraq have neither a Waqf Board nor a Waqf Law. There should be no place for Waqf Act in India also. The government should repeal the Waqf Act as the same is clearly unconstitutional.

Click Here to Read Previous Reports on Amanatullah Khan

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