Today, 29th April, The Supreme Court disposed of AAP MLA Amanatullah Khan’s petition, instructing the Delhi Police to implement amended standing orders. This decision is crucial for ensuring updated protocols in legal procedures. The court’s directive aims to streamline processes and uphold legal standards effectively. AAP MLA Amanatullah Khan’s case has thus seen a significant development under the court’s guidance.
New Delhi: The Supreme Court concluded the case brought by Aam Aadmi Party legislator Amanatullah Khan, who contested the Delhi Police’s decision to label him as a ‘bad character’ in a history sheet from 2022. The Court ruled that the recently revised guidelines issued by the Delhi Police Commissioner will govern this case.
These updated guidelines stipulate that the details of any minor relatives of the person documented in the history sheet should not be included unless there is concrete evidence that the minor has provided refuge to the offender. Furthermore, the Court emphasized the importance of police authorities taking meticulous measures to protect the anonymity of any minors mentioned in such documents.
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Justices Surya Kant and K. V. Viswanathan highlighted in their ruling,
“The requisite diligence and caution to be exercised by police in ensuring that a child’s identity remains confidential is a critical and necessary legal obligation.”
Amanatullah Khan, serving as the Member of the Legislative Assembly for the Okhla constituency in Delhi, approached the Supreme Court challenging an earlier verdict by the High Court which affirmed the Delhi Police’s classification of him as a ‘bad character.’ The Supreme Court taken notice of his appeal last year.
In its detailed directive, the Supreme Court additionally instructed the Commissioner of Police in Delhi to appoint a senior officer at the level of joint commissioner or higher to regularly review the content of the history sheets. This officer tasked with safeguarding the confidentiality of the records and determining whether it is appropriate to remove the names of individuals particularly juveniles or children who found innocent during investigations and therefore eligible to have their names removed from the section labelled “relations and connections” in the history sheets.
The case at hand involved allegations of inappropriate references to school-aged children and their mother in the history sheet, despite lacking substantial evidence against them. The Court observed that the history sheet’s format adhered to the Punjab Police Rules of 1934, which also applicable in the National Capital Territory (NCT) of Delhi. Senior Advocate Sanjay Jain, representing the Delhi Police, submitted the revised standing orders issued by the Commissioner of Delhi, which the Court reviewed.
The justices noted,
“The updated rules specify that in the ‘relations and connections’ column of the history sheet, only the names of those who might provide shelter to the offender or are his accomplices in crime should be listed. Importantly, it stresses that no minor’s details should be recorded unless there is tangible evidence that the minor has harboured the offender.”
Additionally, the Court remarked,
“Furthermore, the revised provisions mandate strict adherence to Section 74 of the Juvenile Justice Act, 2015, which prohibits disclosing the identity of any juvenile involved in or affected by legal proceedings.”
The Court further clarified that the history sheet is meant to be an internal document, not available to the public, and emphasized that the names of minors should only be included based on substantive evidence. The Court mandated that the revised standing order be implemented immediately in the current case.
Before concluding, the justices warned,
“Should any police officer fail to comply with the revised standing orders or the guidelines set forth herein, stringent measures must be taken against such officers.”
They highlighted that the initiation of the history sheet against MLA Amanatullah Khan by the Delhi Police alleged to be an egregious misuse of legal procedures and a violation of the confidentiality required by the Police Rules, purportedly reflecting a wrongful and malicious use of authority by the police officials.