BREAKING | Allahabad HC Limits UP Police 'Unfettered' Power To Open History Sheets; Mandates Reasoned Orders, Objection Consideration & Yearly Review
In a significant order, the Allahabad High Court today effectively tossed out the "unfettered powers" of the Uttar Pradesh Police to open Class-B history sheets against citizens without observing the principles of natural justice. The Court observed that the police regulations governing the opening of history sheets were introduced during colonial rule for the “subject Indians”, a time when the State was not democratic, hence, no requirements of observance of principles of natural justice were incorporated. The Court also pointed out that while guidelines for opening and reviewing Class-A history sheets were issued on November 3, 2022, by the Director General of Police, no such guidelines exist for Class-B history sheets, allowing police “absolute powers” to implicate individuals on any pretext. Importantly, the Court also directed the State Government to undertake the following exercise: Look into the procedure of opening of history sheet and make/ issue necessary amendments/guidelines for providing opportunity of objection to the person, against whom, the police submits report recommending the opening of history sheet of Class-A or Class-B before the Senior Police Official.
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