Court Rules Arbitrary Surveillance Violates Article 21 Rights, Orders Removal from Register
In a significant ruling, the Jammu and Kashmir High Court has quashed the history sheet and ordered the removal of Ghulam Mohammad Sheikh’s name from the Surveillance Register No. 10 maintained by the Beerwah Police Station, Budgam. The court found that the procedural safeguards mandated by the J&K Police Rules, 1960, were not adhered to, thereby infringing upon Sheikh's fundamental rights under Article 21 of the Constitution of India, which guarantees the right to personal liberty and dignity.
The case, titled Ghulam Mohammad Sheikh v. UT of J&K, was heard by Justice Sanjay Parihar. The petitioner, Ghulam Mohammad Sheikh, challenged the entry of his name in the surveillance register, arguing that it was done without due process and was based on arbitrary decisions lacking objective evidence. Sheikh's counsel, Mr. Mohd. Rafiq Bhat, contended that his client was not provided with any notice or opportunity to be heard before being branded a history-sheeter.
The state’s defense, represented by Mr. Bikdramdeep Singh, DAG, argued that Sheikh was a habitual offender involved in multiple FIRs for serious offences, including fraud and assault. However, the court noted that Sheikh had not been convicted in any of these cases and emphasized the importance of objective material and due process in maintaining surveillance registers.
Justice Parihar highlighted that entries in such registers and the creation of history sheets must be preceded by the application of mind and due process, as per Rules 698, 699, and 702 of the J&K Police Rules. The court referenced previous judgments, including Bashir ud Din v. UT of J&K and Malak Singh v. State of Punjab & Haryana, to emphasize that arbitrary surveillance and branding individuals as habitual offenders without concrete evidence violate constitutional rights.
The court concluded that the police's action in Sheikh's case lacked the necessary subjective satisfaction required by law, and there was no reasonable belief established on objective grounds to support the surveillance action. As a result, the court ordered the immediate removal of Sheikh's name from the surveillance register and quashed the history sheet, reiterating the need for law enforcement to respect the fundamental rights enshrined in the Constitution.
Bottom line:-
Surveillance and history sheet entries under J&K Police Rules, 1960 must adhere to procedural safeguards, including subjective satisfaction based on objective material. Arbitrary branding of individuals as history-sheeters infringes Article 21 rights.
Statutory provision(s):
J&K Police Rules, 1960 - Rules 698, 699, 702; Constitution of India - Articles 19, 21.
Ghulam Mohammad Sheikh v. UT of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc id # 2905666
