Rowdy sheets should be opened strictly in accordance with law: High Court

It said police cannot deprive the suspects of their right to privacy 

A single-judge Bench of the High Court comprising Justice D.V.S.S. Somayajulu declared the Standing Orders of Andhra Pradesh (AP) Police Manual/AP Police Standing Orders to the extent of opening/continuation of rowdy, suspect and history sheets and keeping individuals under surveillance on that basis (in terms of Chapter 37 of the Standing Orders) as void.

He was hearing a batch of Writ Petitions (WPs) that challenged the opening and continuation of rowdy sheets, on the ground that it is contrary to law. 

The counsels for the petitioners argued that all the rowdy sheets in AP are being opened and continued (in some cases even after acquittal) on the basis of AP Police Standing Orders which are merely departmental instructions and not a law, and have been declared as not having the force or effect of law in Mohammed Qadeer and Others v/s Commissioner of Police, Hyderabad and Others and Sunkara Satyanarayana v/s State of AP (Home Department) and Others. 

Justice Somayajulu ruled that the AP Police Standing Orders are void in so far as Chapter 37 is concerned and directed that all the rowdy sheets opened in the present batch of WPs should be closed immediately.

He also said in his order that the police cannot open or continue a rowdy sheet or collect data pertaining to a person without the sanction of law and that the collection of personal data and its usage for prevention of crimes also should be in accordance with a law which crosses the thresholds mentioned in the Constitution of India and various judgments of the Supreme Court including the landmark K.S. Puttaswamy case, wherein ‘privacy’ was held as a fundamental right. 

Justice Somayajulu directed that police cannot (under the existing orders) indulge in night and domiciliary visits to the houses of suspects or accused, take/demand their photographs, fingerprints etc. except under established procedures, or summon the individuals to police stations or anywhere else during festivals, elections etc. and make them wait and seek permission to leave their local jurisdictions.