Police Standing Orders For Opening Rowdy Sheets Unconstitutional: AP High Court

AMARAVATI: The Andhra Pradesh High Court on Friday held that Standing Orders of the Andhra Pradesh Police Manual for opening and continuation of rowdy sheets, and surveillance on their basis were unconstitutional and void.

As per reports in the Bar and Bench, Justice DVSS Somayajulu held that the police could not open or continue a rowdy sheet or collect data pertaining to a person without the sanction of law. “It is reiterated that the police cannot (under the existing orders) indulge in night visits; domiciliary visits to the houses of a suspect or accused. They cannot take or demand the photographs, fingerprints, etc., except under the procedure established by a ‘law’ and if the conditions laid down are satisfied.

-Accused or suspects cannot be summoned or called to the Police Station or anywhere else either during festivals/elections/ weekends etc. They cannot be made to wait at the Police Stations for any reason or seek permission to leave the local jurisdiction,” the single-judge held.

- The Court held that home/domiciliary visits, summoning to the station, and collection of personal information would amount to a violation of fundamental rights.

- The Court cautioned that continuing the activities relating to intrusive surveillance would amount to wilful disobedience of the Supreme Court’s orders, and would lead to contempt proceedings against the police officers.

A group of petitioners had challenged the opening and continuation of rowdy sheets against them. They stated that despite acquittals or quashing of FIRs, the sheets were continued and their pictures put up.

The Court discussed the right to privacy established as an inherent; intrinsic that always exists and has been classified as a primordial natural right by the Supreme Court judgment in KS Puttaswamy v Union Of India. 

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