Supreme Court directs all the States/Union Territories to revisit their policy regime and urges police to not make mechanical entries in history sheets based on Caste
On May 07, 2024, the Supreme Court (SC) of India was hearing the Amanatullah Khan vs. The Commissioner of Police, Delhi & Ors. case, where AAP MLA Amanatullah Khan (the appellant) approached the Delhi High Court through a writ petition for quashing the ‘History Sheet’ opened against him and the proposal to declare him a ‘Bad Character’ with the entry of his name in the Surveillance ‘Register-X, Part II, Bundle A’ at Police Station. The SC bench constituting Justice Surya Kant and Justice KV Viswanathan took suo motu cognizance of mechanical entries in history sheets where details of innocent individuals who hail from the social, economic, and educational disadvantaged backgrounds, along with those belonging to Backward Communities, Scheduled Castes & Scheduled Tribes are mentioned. The top court bench expanded the scope of proceedings in the case of Amanatullah Khan challenging the Delhi Police’s decision to list him as a ‘bad character, and to open a ‘history sheet’ against him.
The SC order reads, “We now, in exercise of our suo motu powers, propose to expand the scope of these proceedings so that the police authorities in other States and Union Territories may also consider the desirability of ensuring that no mechanical entries in History Sheet are made of innocent individuals, simply because they happen to hail from the socially, economically and educationally disadvantaged backgrounds, along with those belonging to Backward Communities, Scheduled Castes & Scheduled Tribes.” It added, “While we are not sure about the degree of their authenticity, but there are some studies available in the public domain that reveal a pattern of an unfair, prejudicial and atrocious mindset. It is alleged that the Police Diaries are maintained selectively of individuals belonging to Vimukta Jatis, based solely on caste-bias, a somewhat similar manner as happened in colonial times.”
Therefore, the bench directed all State Governments to take necessary measures to safeguard such communities from being subjected to inexcusable targeting or prejudicial treatment. It added, “We must bear in mind that these pre-conceived notions often render them ‘invisible victims’ due to prevailing stereotypes associated with their communities, which may often impede their right to live a life with self-respect.” Moreover, the SC also highlighted that a periodic audit overseen by a senior police officer would serve as a critical tool to review and scrutinize the entries made, to ascertain that these are devoid of any biases or discriminatory practices. After hearing all the contentions and arguments, the bench ordered “We, therefore, deem it appropriate, at this stage, to direct all the States/Union Territories to revisit their policy regime and consider whether suitable amendments on the pattern of the ‘Delhi Model’ are required to be made so that our observations made in paragraphs 14 to 16 of this order can be given effect in true letter and spirit.” Furthermore, the top Court directed the Registry to ensure that all States and Union Territories comply with the order as early as possible but not later than 6 months.
