The Allahabad High Court has ruled that the police cannot exercise “unbridled and uncanalised power” to restrict fundamental freedoms of citizens on the basis of personal likes or dislikes, Live Law reported.
The court was hearing a plea filed by Mohammad Wajir from Siddharthnagar district, Uttar Pradesh. Wajir had only one case registered against him – under the UP Prevention of Cow Slaughter Act in 2016 – and no other criminal record. Despite this, the police had opened a history sheet against him and rejected his request for closure in June.
A history sheet is a police record of individuals considered habitual offenders or threats to society.
In its ruling, the bench emphasised that cogent and reliable material is needed to form reasonable suspicion before opening such records. It noted that Regulations 228 and 240 of the Uttar Pradesh Police Regulations cannot be invoked arbitrarily to curtail a citizen’s rights.
The High Court observed that the superintendent of police had “very casually rejected” Wajir’s plea to close the history sheet, without presenting any evidence that he was a habitual offender. A single case from eight years ago, the court said, could not justify opening the record.
Directing the police to close Wajir’s history sheet, the court further held that he cannot be kept under surveillance in the absence of valid grounds.
