Pramesh S Jain
In a significant order that could have wider implications for police surveillance practices in Karnataka,the Karnataka State Police Complaints Authority (KSPCA) has directed the closure of the rowdy sheet maintained against alleged rowdy-sheeter Sunil Kumar alias‘Silent Sunil’, citing failure by the police to comply with procedural safeguards laid down by the Karnataka High Court.
The order was passed by a three-member bench headed by Chairperson N.K.Sudhindra Rao,along with Member Mohan Kumar Danappa and Member Secretary Devajyoti Ray.
Silent Sunil,a resident of Hebbal,had approached the Authority seeking removal of his name from the rowdy register.
He argued that despite being acquitted in multiple criminal cases and having no criminal cases currently pending against him,the police continued to classify him as a rowdy-sheeter,causing stigma and affecting his personal liberty.
During the proceedings, the police cited several criminal cases registered against him since 1996, including cases relating to murder,attempt to murder,extortion, rioting, conspiracy and offences under the Arms Act.
However,the Authority noted that most of the cases had ended in acquittal, while some had been stayed or quashed by the courts.
Relying on the Karnataka High Court’s landmark judgment, the Authority observed that before opening or continuing a rowdy sheet, police are required to follow due process,including collection of credible material, issuance of notice,approval by competent authorities, periodic review every two years and adherence to principles of natural justice.
The Authority found that the police had failed to produce records demonstrating compliance with these requirements. It also noted the absence of documents showing that the rowdy sheet had been reviewed periodically as mandated by law.
Consequently,the Authority ordered the closure of the rowdy sheet opened against Silent Sunil on November 26, 2014,while clarifying that police are free to initiate fresh proceedings in the future if warranted and if carried out strictly in accordance with law.
Sources familiar with the proceedings said Silent Sunil is not the only beneficiary of the Authority’s scrutiny.
In the last two meetings of the KSPCA,nearly 14 people having similar police track record have secured similar relief, with the Authority directing closure of rowdy sheets after finding procedural lapses and non-compliance with High Court guidelines.
Officials said around 50 more petitions seeking removal of names from rowdy and history-sheeter registers are currently pending before the Authority and are awaiting disposal.
The recent orders are being viewed as a significant assertion of procedural safeguards in policing,with the Authority reiterating that inclusion in a rowdy register cannot be indefinite or mechanical and must be supported by legally sustainable material and periodic review.
Legal experts say the decisions are likely to prompt police units across Karnataka to revisit and reassess several longstanding rowdy-sheet entries to ensure compliance with judicial guidelines and constitutional protections.
This order going to be a set back for the police department as chief Minister DK Shivakumar in his first meeting directed the police department to crack the whip on rowdies and anti social elements .
