Karnataka High Court Protects Rowdy Sheeters' Rights Against Arbitrary Police Summons

Court mandates procedural compliance, citing violation of personal liberty under Article 21 of the Constitution.

In a significant ruling, the Karnataka High Court has reinforced the constitutional rights of individuals listed as "rowdy sheeters," prohibiting the police from summoning them orally without statutory backing. The court emphasized that such actions by the police violate the right to personal liberty guaranteed under Article 21 of the Indian Constitution.

The case involved Sunil Kumar, also known as Silent Sunil, who was listed as a rowdy sheeter by the Karnataka State Police. He petitioned the High Court seeking protection against arbitrary summons and detention by the police, claiming harassment and infringement of his fundamental rights. The petitioner highlighted that despite being acquitted or having cases quashed in 22 out of 24 criminal charges against him, his name continued to appear in the rowdy register, leading to continuous police interference in his life.

The Karnataka High Court, presided over by Mr. Justice R. Nataraj, ruled that the police cannot summon individuals solely based on their appearance in the rowdy register unless a procedure is prescribed by law. The court noted that the maintenance of a rowdy register is an internal police document meant to monitor individuals with criminal tendencies but does not justify infringement on their fundamental rights.

Furthermore, the court referred to the Bharatiya Nagarik Suraksha Sanhita, 2023, which outlines the procedures for police actions, asserting that oral summoning without adherence to these statutory provisions is impermissible. The judgment stressed the importance of balancing public safety concerns with individual rights, suggesting that police could use non-intrusive methods like SMS or WhatsApp to communicate with individuals instead of oral summons.

The court's decision mandates that the police should not disturb individuals listed in the rowdy register unless involved in a cognizable offense, thus upholding the principle that every person has a right to privacy and personal liberty. The ruling serves as a reminder of the judiciary's role in safeguarding constitutional rights against arbitrary state actions.

Bottom Line:

A person listed as a rowdy sheeter cannot be orally summoned by the police solely based on his name appearing in the rowdy register unless a law prescribes the procedure for such summons. The petitioner's right under Article 21 of the Constitution must be respected.

Statutory provision(s): Article 21 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 35, 168, 170), Indian Penal Code (Sections 399, 402), Arms Act, 1959 (Sections 27, 30).

Sunil Kumar @ Silent Sunil v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2820220