IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24036 of 2010(Q)
1. V.T.ABOOBACKER,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. CITY POLICE COMMISSIONER, KOZHIKODE
3. STATE OF KERALA REP.BY CHIEF SECRETARY,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/10/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P. (C) No.24036 of 2010
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Dated this the 20th October, 2010
J U D G M E N T
Finding that name of the petitioner is included in the
Rowdy List prepared by Nallalam Police, this petition is
filed under Article 227 of Constitution of India for a writ of
mandamus to quash Ext.P1 rowdy list to the extent of
including the name of the petitioner therein. Petitioner
would contend that though CC No.249/2006, was taken
cognizance for the offences under Section 341 and 294 (b)
of Indian Penal Code against the petitioner, by Ext.P2
judgment Judicial Magistrate of the First Class -V,
Kozhikode acquitted the petitioner of the offences. Though
CC No.701/2008 was taken cognizance on the report
submitted by the police alleging that petitioner committed
an offence under Section 10 of Unlawful Activities
(Prevention) Act, 1967, by Ext.P3 order, this Court has
already quashed the cognizance taken. According to the
petitioner, he is not involved in any other case. It is
contended that there is no provision in the Code of
Criminal Procedure or in the Kerala Police Act to prepare a
W.P. (C) No.24036 of 2010
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rowdy list and the criterion adopted by the police for
including petitioner in the rowdy list is not mentioned
anywhere in the notice and inclusion of the name of the
petitioner in the rowdy list is in violation of the fundamental
rights of the petitioner and therefore a writ of mandamus is
to be issued quashing Ext.P1 rowdy list so far it relates to
the petitioner..
2. The Sub Inspector of Police, Nallalam Police
Station filed a statement to the effect that though crime
No.236/2001 and 140/2006 were registered against the
petitioner, in crime No.140/2006 petitioner was acquitted
and crime No.236/2001 was quashed by this Court and the
name of the petitioner was included in the rowdy list as he
was engaged in unlawful activities and creating nuisance to
the general public and also to his relatives as per the
orders of the Assistant Commissioner of Police, South
Kozhikode City, dated 15.8.2006. It is also stated that
subsequently on the acquittal and quashing of the cases,
finding that activities of the petitioner are good, a report
was sent to the Assistant Commissioner of Police, South
W.P. (C) No.24036 of 2010
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Kozhikode City to delete the name of the petitioner, from
the rowdy list on 21.8.2010. It is contended that while
opening the rowdy list in the name of the petitioner there
was no violation of the norms and conditions and therefore
the petition is to be dismissed.
3. Learned counsel appearing for the petitioner and
learned Public Prosecutor were heard.
4. Though the Code of Criminal Procedure and
Kerala Police Act do not provide for preparation of a rowdy
list, Kerala Police Manual, 1970 Vol-II in Clause 259 of
Chapter-III provides for preparation of rowdy history sheet.
Chapter-III relates to Records of Crimes and Criminals and
Surveillance of Bad Characters. Clause 250 the
introduction to the Chapter reads ” in order to facilitate
the study of property crimes reported in Police Stations and
of criminals involved in such cases, with a view to
effectively deal with them, it is necessary to maintain a
continuous record of the criminal history of such
individuals and localities in all police stations. A careful
study of these records will in a large measure help in crime
W.P. (C) No.24036 of 2010
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prevention work by taking due action in time against
appropriate bad characters. The headings in the forms
comprising the registers are self explanatory and do not
call for individual elucidation”. Clause 251 provides for
maintenance of Station Crime History. Under the section,
Station Crime History will be maintained in all Police
Stations in six parts and it will be treated as a confidential
record. Modifications necessary in respect of this record in
Railway Police Stations are indicated in the chapter on
Railway Police. It shows that Station Crime History is a
record which is of great help to a new Station House
Officer, an Investigating officer and also an Inspecting
officer; the first for a proper study of crime and criminals in
his new charge, the second for locating a criminal who
would probably have committed the crime under
investigation and the third for ascertaining whether the
record is kept properly and utilised intelligently by the
investigating and Station House Officers. Station Crime
History Part-VI (Rowdy History Sheet) is provided under
Clause 259. Clause 259 reads thus:
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“259 (1). This is a record maintained
individually in KPF 174 (D) to keep a
progressive record and watch of the activities of
persons found to be indulging in rowdyism.
These sheets will be opened on the orders of the
Sub Divisional Police Officer or any higher
authority on the basis of reports from the local
police officer or from other sources-
(2) The main forms of rowdyism are:-
(1) Indecent behaviour towards women
and girls at educational centres, bus stands
parks, Railway Stations, running trains etc.., by
passing obscene remarks etc. This is popularly
known as “Eve-teasing”.
(2) Habitually committing affray and
rioting.
(3) Habitually committing offences
involving stabbing (324 IPC)
(4) Threatening and beating up
prosecution witnesses in court premises and
forcing them to turn hostile, by hirelings
employed by political parties, moneyed people
etc.
(5) Intimidation of peace loving people by
acts of violence or by show of force or by abusive
language.
(6) Rowdyism in Cinema Halls, theatres,
sports stadiums, milk booths, bus stands, toddy
shops, running trains etc.
(7) Habitual gambling, smuggling of food
grains and illicit distillation.
(8) Forcible collection of subscriptions.
(9) Drunken and disorderly behaviour.
(10) Decoying persons to houses of ill
repute by pimps.
(11) Snatching of gold chains etc.
(12) Any other anti-social activity
associated with violence
W.P. (C) No.24036 of 2010
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(3) The History Sheets will be maintained as
shown below separately for each individual.
Section I.
(1) Police Station
(2) District
(3) Date of opening, with reference to the
orders under which opened.
(4) Date of closing, with the name and
designation of the officer passing the
order, and the reference number and
date of the order.
Section II.
(1) Name of rowdy with aliases if any.
(2) Age (approx) and year
(3) Descriptive Roll (with photo if
available)
(4) Father’s name
(5) Address
(6) Profession or occupation if any of the
rowdy.
(7) Probable haunts and resource.
(8) Names of other Police Stations within
whose jurisdiction also he may be
active.
(9) Associates with address.
(10) Near relatives with their address.
(11) Short biography and circumstances
under which the sheet is opened.
(12) Running History.
N.B.:In the running history all the criminal
activities of the rowdy including reasonable
suspicion of his complicity in cases and/or
complaints against him with crime numbers if
any and result of the cases etc.;, should be
mentioned in separate paragraphs which should
be numbered chronologically. Against each
entry in the running history there should be
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references to G.D entries, crime Nos. mass
petitions, petty cases etc.
Section III.
Petitions and enquiry reports which may be
of relevant in future security proceedings.
Section IV.
Record of Check by C.Is and Instructions.
(4) Rowdy history sheets in a Station shall be
numbered serially in the following manner:-
(1) Separately for those resident in the
Station limits.
(2) For non-residents separately for each
Station. Serial number will be written
in red ink and will be preceded by
abbreviation letters denoting the
particular Station.
Note: The S.H.O of the Station in which the
person for whom a Rowdy History Sheet
is opened resides, shall furnish a copy of
the sheet to the S.H.O of any other station
in which also he may be active (ref. item 8
Section ii) of the sheet.
(5) The Sub Inspector of Police in charge of
the Station should maintain the Rowdy History
Sheets personally or under his direct
supervision. Whenever any entry is made in the
G.D non-cognizable case register or Petty Case
Register about an individual for whom a History
Sheet is maintained, relevant notes from the
above registers should be made in the History
Sheets also.
(6) The Circle Inspector of Police should check
the Rowdy History Sheets of a Station during the
visits and inspections and make a record of it
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with instructions, if any, in Section IV of the
Sheet.
(7) Activities of non-resident rowdies should be
promptly communicated to the concerned Police
Station in B.C Rolls after making entries in item
12, Section II of Station History Sheet.
(8) A Rowdy History Sheet may be closed on
the orders of the Superintendent of Police, based
on the recommendations of the Circle Inspector
of Police routed through the Deputy
Superintendent of Police Assistant
Superintendent of Police.
(9) List of Rowdies of a Circle will be
maintained in the Office of the Circle Inspector
of Police. The Circle Inspector of Police will
check the list with the Rowdy History Sheets in
the respective Police Station every half year.
(10) Rowdies may be dealt with under the
following provisions of Law:-
(1) Section 106 Cr.P.C (Security for keeping
the peace on conviction)
(2) Section 107 Cr.P.C (Security for keeping
the peace etc)
(3) Section 109 Cr.P.C (Security from vagrants
etc.)
(4) Section 110 (F) Cr.P.C (Security for good
behaviour from a person so desparate and
dangerous etc.)
(5) Sections 48, 51 and 51 A of the Kerala
Police Act (For being found armed between
sunset and sunrise intending to commit an
offence, drunken and disorderly conduct, riotous
W.P. (C) No.24036 of 2010
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or indecent behaviour in street etc. respectively)
(6) Prosecution in appropriate cases for
obscene act – songs – Section 294 IPC.
(7) Prosecution for any other specific offence
that may be committed.
5. A proper appreciation of Clause 259 makes it
clear that rowdy history sheet shall be maintained
individually in Kerala Police Form 174 (D) to keep a
progressive record and watch the activities of persons
found to be indulging in rowdyism. Such sheets are to be
opened on the orders of the Sub Divisional Police Officer
or higher authority , based on the reports of the Local
Police Officer or other sources. The forms of rowdyism as
enumerated in Clause 259 are habitually committing affray
and rioting, habitually committing stabbing, threatening
and beating up prosecution witnesses in court premises
and forcing them to turn hostile, intimidation of peace
loving people by acts of violence or by show of force or
abusive language, rowdyism in cinema halls, theatres,
sports stadiums, milk booths, bus stands, toddy shops,
W.P. (C) No.24036 of 2010
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trains etc, forcible collection of subscriptions, habitual
gambling and smuggling of food grains, illicit distillation,
drunken and disorderly behaviour, decoying persons to
houses of ill repute by pimps, snatching of gold chains etc.
or other anti social activity associated with violence. Sub
clause (5) of Clause 246 provides that a check register of
rowdies shall be maintained in each Police Station and
outposts in KPF No. 89 (A).
6. Therefore, in the light of the instructions in
Kerala Police Manual, it cannot be said that maintenance of
a rowdy list is unauthorised. There is specific provision for
maintenance of rowdy history sheet and it is for a purpose.
The question then is whether the name of the petitioner
could have been included in the rowdy list in view of the
categories of cases provided in sub clause (2) of clause 259.
7. Though two crimes were registered against the
petitioner, one for the offences under Sections 341 and 294
(b) of Cr.P.C, petitioner has already been acquitted in the
case after recording the evidence. Though another crime
was registered under Section 10 of Unlawful Activities
W.P. (C) No.24036 of 2010
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(Prevention) Prevention Act 1967 on the allegation that
petitioner is working for SIMI, this Court has already
quashed the said crime as against the petitioner. There is
no other case registered against the petitioner.
8. Learned Government Pleader submitted that
two petitions were registered before Nallalam Police
Station, the former on 31.12.2005 and the latter on
18.5.2006 and in the former the case was that petitioner
scolded and caused obstruction of the lady complainant and
in the latter the allegation was that petitioner has severed
the service connection to the house of the complainant.
There is no case that in any of these petitions, after
conducting enquiry or investigation a crime was registered.
Therefore, it is clear that there is no justification for
including the name of the petitioner in the rowdy history
sheet, as petitioner is not guilty of any form of rowdyism as
provided under sub clause (2) of Clause 259 of Chapter-III
of the Kerala Police Manual. Moreover, the statement by
the Sub Inspector will show that the Sub Inspector has
addressed the Assistant Commissioner of Police to remove
W.P. (C) No.24036 of 2010
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the name of the petitioner from the rowdy list. In such
circumstances, name of the petitioner in the rowdy list can
only be removed.
The writ petition is allowed. Name of the petitioner in
Ext.P1 rowdy history sheet maintained by Nallalam Police
Station is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
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