Court Orders Re-evaluation of Iqbal Khan's History Sheet in Light of Acquittals and Reformation
In a significant judgment, the Rajasthan High Court has directed the Superintendent of Police, Sirohi, to reassess the history sheet of Iqbal Khan, who was previously placed under active surveillance. The order, passed by Justice Rekha Borana, responds to the writ petition challenging the reopening of Khan's history sheet based on two FIRs registered in 2012.
Iqbal Khan's history sheet, originally opened in 1986 due to multiple criminal cases, had been placed in a "silent bag" in 2005 following compromises and acquittals. However, the sheet was reopened in 2014 after new FIRs were registered against him. The petitioner was subsequently acquitted in one case and discharged in the other, yet faced ongoing preventive measures by police authorities.
The court emphasized that while the Rajasthan Police Rules, 1965, allow for history sheets to be opened based on reasonable belief of habitual criminal activity, such measures must be periodically reviewed, especially for individuals showing signs of reformation. Justice Borana underscored that Khan's case, given no further criminal involvement post-2012, warrants consideration under Rules 4.12 and 4.13, which provide for closure and destruction of history sheets for reformed individuals.
The judgment also clarified the criteria for maintaining entries in surveillance registers, aligning with prior Supreme Court interpretations. Specifically, it highlighted that reasonable belief, rather than mere suspicion or past convictions, should guide police actions under the rules.
This directive marks a crucial step in balancing law enforcement's preventive duties with individual rights, emphasizing the need for fair treatment of those demonstrating genuine change.
Bottom line:-
A history sheet can be reopened under Rule 4.9(2) of the Rajasthan Police Rules, 1965, for any person reasonably believed to be habitually addicted to crime, even without prior convictions, but closure or continuation of such history sheets must be reviewed periodically under Rule 4.12(1) and Rule 4.13(4) when the individual demonstrates reformation.
Statutory provision(s): Rajasthan Police Rules, 1965 (Rule 4.9(2), Rule 4.12(1), Rule 4.13(4)), Indian Penal Code (Sections 307, 341, 323, 147, 148, 149, 427, 505, 353, 332, 353A, 295A), SC/ST Act, Prevention of Damage to Public Property Act, 1984, Code of Criminal Procedure (Section 321), Bharatiya Nagarik Suraksha Sanhita (Sections 126, 129).
Iqbal Khan v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2926578
