Police cannot exercise ‘unbridled power’ to curtail citizens’ freedom: Allahabad HC

The Allahabad High Court has ruled that the police cannot exercise “unbridled and uncanalised power” to curtail fundamental freedoms of citizens on the basis of personal likes or dislikes, Live Law reported.

The order came while hearing a plea filed by Mohammad Wajir from Siddharthnagar district in 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 opened a history sheet against him and rejected his request for its closure in June.

A history sheet is a police record of individuals considered habitual offenders or threats to society.

In its order, the court said that cogent and reliable material is needed to form reasonable suspicion before opening a history sheet.

It observed that Regulations 228 and 240 of the Uttar Pradesh Police Regulations, which deal with opening of such records, cannot be used arbitrarily to restrict a citizen’s rights.

The High Court found that the superintendent of police had “very casually rejected” Wajir’s plea to close his history sheet, without any evidence to show he was a habitual offender.

A single case from eight years ago could not justify opening a history sheet, the court added.

It also directed the police to close Wajir’s history sheet and said that he cannot...

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