Supreme Court approves new 'Delhi Model' on history sheets
Supreme Court approves new ‘Delhi Model’ on history sheets
The Supreme Court has approved the amendments brought by the Delhi Police to rules regarding preparation of the history sheets through an amended standing order in March 2024.
The court has given its approval to the amendments brought regarding History Sheet being only an internal police document and not be brought into the public domain. The extra care and precaution, to now be observed by a police officer regarding disclosure of a minor’s identity, noted the court.
A bench of Justice Surya Kant and Justice KV Viswanathan also directed other states to revisit their policy regime and consider if suitable amendments to the pattern of the ‘Delhi Model’ are required to be made.Â
The amendments have been brought after the Supreme Court had expressed concerns regarding ‘disturbing contents’ of the history sheet in the case of AAP MLA Amanatullah Khan, including school-going minor children.Â
The Delhi Police, through its counsel, had then fairly agreed to re-visit the archaic rules with a view to ensuring that the dignity, self-respect and privacy of the innocent people, who incidentally happen to be the family members of a suspect, is not compromised at any cost.
WHAT DOES NEW STANDING ORDER SAY?
- Only identifies of persons who can afford history sheeter shelter to he reflected
In the column “relations and connections”, it has been decided that the identities of only those persons will be reflected who can afford the history sheeter/bad character shelter, when the offender is running/wanted by the police.Â
It will also include names of his associates in crime, abetters and receivers.Â
- No details of minor relatives in history sheet
The amended Standing Order states that no details of any minor relatives, i.e., son, daughter, siblings shall be recorded anywhere in the History Sheet unless there is evidence that such minor, has or earlier had, afforded shelter to the offender.
- Prohibition on disclosing the identity of a child in conflict with the law etcÂ
The amended provision now mandates that Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015 will be meticulously followed, whereunder there is a prohibition on disclosing the identity of a child in conflict with law or a child in need of care and protection, or a child’s victim or a witness of a crime through a report etc.
- History sheet an internal police document, not a publicly accessible report
The amended Standing Order has further clarified that the ‘History Sheet’ is an internal police document and not a publicly accessible report.Â
- Court directs period review of history sheets
The court has directed the Commissioner of Police, Delhi to designate a senior police officer, in the rank of Joint Commissioner of Police or above, to periodically audit/review the contents of the History Sheets.
The Commissioner is to also ensure confidentiality and a leeway to delete the names of such persons/juvenile/children who are, in the course of investigation, found innocent and are entitled to be expunged from the category of “relations and connections” in a History Sheet.
The court was considering a plea by AAP leader Amanatullah Khan against the ‘History Sheet’ opened against him and the proposal to declare him as a ‘Bad Character’ with the entry of his name in the Surveillance Register.
The court has directed the police authorities to give effect to the amended Standing Order in Amanatullah Khan’s case as well.Â
- State governments are expected to safeguard backward communities from being subjected to inexcusable targeting or prejudicial treatment.
In exercise of its suo motu powers, the court also decided to expand the scope of the proceedings.Â
According to court, the same is done to ensure that the police authorities in other States and Union Territories may also consider the desirability of ensuring that no mechanical entries in the History Sheet are made of innocent individuals. Because they happen to hail from socially, economically and educationally disadvantaged backgrounds, along with those belonging to Backward Communities, Scheduled Castes and Scheduled Tribes.Â
While clarifying that the court is not sure about the degree of their authenticity, the court stated that there are some studies available in the public domain that reveal a pattern of an unfair, prejudicial and atrocious mindset.Â
“It is alleged that the Police Diaries are maintained selectively by individuals belonging to Vimukta Jatis, based solely on caste-bias, a somewhat similar manner as happened in colonial times,” the Supreme Court said.
The court observed that all state governments are therefore expected to take necessary preventive measures to safeguard such communities from being subjected to inexcusable targeting or prejudicial treatment.Â
“We must bear in mind that these pre-conceived notions often render them ‘invisible victims’ due to prevailing stereotypes associated with their communities, which may often impede their right to live a life with self-respect,” the court said.
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