Rajasthan High Court Quashes Arbitrary History Sheet; Upholds Fundamental Rights

Petitioner Kaptan Singh's Name Ordered to Be Removed from Police Surveillance Register Due to Non-Compliance with Legal Criteria

In a significant ruling, the Rajasthan High Court's Jaipur Bench, presided over by Justice Anoop Kumar Dhand, quashed the order to open a history sheet against Kaptan Singh, a resident of Bharatpur, Rajasthan. The court found that the police's action violated Singh's fundamental rights under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.

The court highlighted that a history sheet cannot be arbitrarily opened against an individual unless they meet specific criteria laid down under Rule 4.9 of the Rajasthan Police Rules, 1965, and are classified as a "habitual offender" per the Rajasthan Habitual Offenders Act, 1953. The judgment emphasized that arbitrary inclusion in the surveillance register without valid reasoning infringes upon an individual's fundamental rights.

In the case, Kaptan Singh, represented by advocates Mr. Nikhlesh Katara and Mr. Vishnu Kumar Sharma, challenged the order dated April 23, 2025, issued by the Superintendent of Police, Bharatpur. The police had ordered the opening of a history sheet against Singh despite his acquittal or quashing of charges in several criminal cases. Singh was convicted in only one instance, which did not meet the legal definition of a "habitual offender" that requires multiple convictions.

The court noted that the Rajasthan Police Rules demand strict adherence to legal provisions and reasonable grounds for opening history sheets. The subjective satisfaction required for such actions must be based on reasonable belief, not arbitrary discretion. The court referred to precedent judgments, including those in the cases of Govind v. State of Madhya Pradesh and Nishit @ Bablu Choudhary v. State of Rajasthan, reinforcing the need for lawful and non-arbitrary police actions.

Concluding the judgment, the court directed the immediate removal of Kaptan Singh's name from the history sheet and the surveillance register at the Police Station Bhusawar, Bharatpur. This decision reaffirms the judiciary's commitment to protecting citizens' constitutional rights against unlawful state actions.

Bottom Line:

A history sheet cannot be opened against a person unless they meet the criteria set under Rule 4.9 of the Rajasthan Police Rules, 1965, and are classified as a "habitual offender" as per the Rajasthan Habitual Offenders Act, 1953. Arbitrary inclusion without legal reasoning infringes upon the fundamental rights of individuals under Article 21 of the Constitution of India.

Statutory provision(s): Rajasthan Police Rules, 1965, Rule 4.9; Rajasthan Habitual Offenders Act, 1953; Article 21 of the Constitution of India.

Kaptan Singh v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2820792