Prayagraj, Jan 22 – In a landmark ruling, the Allahabad High Court on Tuesday curtailed the Uttar Pradesh Police’s “unfettered powers” to open Class-B history sheets against individuals without following natural justice principles. The court mandated that police must now allow citizens to submit objections and provide reasoned orders before initiating surveillance.
A bench comprising Justice Siddharth and Justice Subhash Chandra Sharma ruled that the existing practice violated constitutional protections under Articles 14 and 21, affecting the “right to liberty” and leaving individuals under lifelong surveillance.
“Subjecting a citizen of a sovereign democratic State to surveillance cannot be said to be in accordance with Articles 14 and 21 of the Constitution of India. Such a person is condemned unheard,” the Court stated in its 33-page order. The court criticized the colonial origins of the UP Police Regulations, particularly Chapter XX governing the opening of history sheets. These provisions, introduced under the Police Act of 1861, were described as “draconian” and inconsistent with democratic principles.
The regulations classify individuals in Class-B history sheets as “professional criminals” deemed “incapable of reform,” a notion the Court found outdated and discriminatory. The bench noted that once a history sheet is opened, it is rarely closed, even if surveillance is discontinued.
The ruling was issued in response to a petition by four individuals challenging the opening of history sheets against them based on two cases under Section 386 IPC and the UP Gangsters Act. The Court found no proper reasoning in the decision to open the sheets, which was based solely on a police station’s report. The Court set aside the history sheets and ordered the cessation of surveillance on the petitioners.
The Court noted the potential misuse of the system, citing “rampant false implications” driven by personal and political rivalries. It also pointed out that no guidelines currently exist for opening or reviewing Class-B history sheets, leaving room for arbitrary decisions.
The Court directed the Uttar Pradesh government to implement key reforms, including:
- Allowing individuals to submit objections before the opening of Class-A or Class-B history sheets.
- Annual reviews of history sheets to close cases where individuals have been exonerated or acquitted.
- Issuing clear guidelines to prevent misuse of the surveillance system.
The Principal Secretary (Home) has been tasked with submitting a compliance report within three months. The Court warned that failure to comply would result in the matter being re-listed. The judgment underscores the tension between policing practices rooted in colonial frameworks and modern constitutional rights. By demanding accountability and adherence to due process, the ruling marks a significant shift in safeguarding individual liberties in Uttar Pradesh.
