Source: Indian Express

Introduction

Recently, a bench consisting of Justices Surya Kant and K V Viswanathan of the Supreme Court, while adjudicating on a plea in the case of Amanatullah Khan v. The Commissioner of Police, Delhi and Ors (2024) against the Delhi Police's decision to designate him a 'bad character' by opening a 'history sheet' against him, noted allegations of selective maintenance of history sheets for individuals belonging to Vimukta Jatis.

What were the Points of Emphasis in the Case of Amanatullah Khan v. The Commissioner of Police, Delhi and Ors?

• Along with law related to history sheets the court noted that the allegations in this case were based solely on caste biases, reminiscent of colonial times.
• Bench also emphasized that all state governments should take necessary preventive measures to protect such communities from being unfairly targeted or subjected to prejudicial treatment.
• The court said that “We must bear in mind that these preconceived 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".

What is a History Sheet?

• In criminal law, a history sheet refers to a record maintained in a police station.
  • Prior to establishing a history sheet for any offender, law enforcement verifies the individual's existing criminal record.
• It contains details of the criminal history, activities, and relevant information about an individual.
• This document often includes records of previous arrests, charges, convictions, and other interactions with law enforcement.
• It serves as a tool for police and other authorities to track and assess the background of individuals involved in criminal activities.

What is Legal Provision Related to History Sheet?

• The process of opening the "History Sheet" is governed by the Police Rules of the concerned State or the Act governing Habitual offenders.
• The Rajasthan Habitual Offenders Act, 1953
• The Jammu & Kashmir Habitual Offenders Act, 1953
• The History Sheets can be maintained in the prescribed History Sheet form of Puducherry:

What is the Procedure Related to History Sheet?

• The process generally initiates when an individual, previously convicted in multiple cases and consistently involved in criminal activities, draws the attention of the Station House Officer (SHO) at the police station.
• Subsequently, a report is forwarded to the Senior Superintendent of Police (SSP) or Superintendent of Police (SP), and upon receiving the requisite orders, the history sheet is commenced.
• This comprehensive document contains detailed information about the individual's criminal record, including a criminal profile, associations, and known relatives.
• In certain instances, where individuals are reluctant to report crimes associated with organized crime or extortion, the police, relying on local sources, conduct surveillance on potential societal threats.
• The initiation of history sheets is guided by calls, daily diary entries in the police control room, and ongoing assessments of individuals deemed dangerous to society.

What Information Can be Added under History Sheet?

• Information gathered by the Station Master Officer (SMO) and their team from the last entry date must be recorded in the History Sheets.
• Any noteworthy incidents, including the commission of crimes by the bad character, should be promptly recorded as soon as they come to notice during the month, without delay.
• The Station House Officer (SHO) must personally review and keep the entries in various columns of the History Sheet up-to-date.
• Surveillance Charts for both the History Sheet holder and the Sureties should be presented by the SHO to the Circle Inspector (CI) every fortnight, who should then ensure they are presented to the Sub-Divisional Police Officers (SDPOs) monthly without fail.

How can History Sheets be Discontinued?

• History sheets will be closed only upon the explicit orders of an officer holding the rank of Superintendent of Police or higher. Once closed, they will be filed in the Police Station.
• History sheets of individuals who have passed away will be destroyed under the directives of an officer holding the rank of Superintendent of Police or higher.

What is Retention/Continuation of History Sheets?

• If it is deemed necessary to retain a History Sheet after two years of its registration, approval must be obtained from an officer holding the rank of Superintendent of Police or higher.
• Initially, the extension will be granted until the end of the following December, with subsequent annual extensions from January to December, subject to approval from the officer.

Who Requires Close Monitoring with Reference to History Sheets?

• Individuals for whom History Sheets have been initiated will generally be monitored by the Police.
• Upon the opening of a History Sheet for a Bad Character for the first time, they should be closely monitored.
• Bad characters returning from jail should also be closely monitored. If they demonstrate a settled lifestyle and maintain good conduct, close monitoring can be lifted.

How Should the Numbering of History Sheets be Managed?

• History sheets within each Police Station will be numbered sequentially.
• An index detailing identity particulars of criminals, the date of sheet opening, and whether the individual is a criminal in the region, Known Depredator, habitual offender, or suspect will be maintained in each Police Station. When History Sheets or Personal Files are transferred or destroyed, this index accompanies the sheets/files to the Superintendent of Police for appropriate action.
• History Sheets of individuals changing residence to another Station's limits will be forwarded through the concerned Superintendent of Police.
• Favorable information received regarding individuals with History Sheets should be promptly recorded.
• If a Bad Character relocates from one Police Station territory to a neighboring State, the Station House Officer will forward the sheet to the concerned Senior Superintendent of Police, who will then confidentially transmit it to the Superintendent of Police of the District where the individual now resides.

What are the Important General Instructions Regarding the Handling of History Sheets?

• The fact that a History Sheet has been opened for a suspect or a budding criminal shall be kept confidential.
• All registered rowdies should be kept under the same type of watch as required for Known Depredators (KDs). The names of the history sheeted KDs should be entered in the station KD Check Register.
• KDs and rowdies should be regularly checked by the Beat Officers and the Station House Officers (SHOs).
• The general night patrolling Inspectors and Superintendents of Police (SPs) should also conduct random checks. If they notice any absentee, the same shall be indicated in their night checking reports.
• However, the checking should be discreetly done by the method of inquiries and not in the manner of domiciliary checks.
• The Circle Inspectors and the SPs in charge of the sub-divisions when they visit the area should make their own independent verifications and not rely solely on their findings through the History Sheets and inspection reports.

Conclusion

In conclusion, the Supreme Court's recent directive underscores the importance of safeguarding against caste biases in the maintenance of history sheets by law enforcement agencies. It highlights the need for transparency and fairness in the handling of such records, ensuring the protection of individuals' rights and dignity, regardless of their background or community affiliation.