Continuation of a rowdy-sheet entry must comply with prescribed procedural safeguards.

The petitioner challenged the Deputy Superintendent of Police’s order dated 24 August 2017 entering his name in the Register of Rowdies and sought deletion of his name from the register.

He contended that the entry was made without following the requirements of the Karnataka Police Manual and without properly assessing whether his conduct fell within the meaning of “rowdy”.

The State supported the entry, submitting that it was based on the petitioner’s alleged involvement in criminal cases and activities detrimental to public peace.

1. Whether the petitioner’s continued inclusion in the Register of Rowdies required reconsideration in light of the applicable legal requirements and guidelines.

2. Whether the impugned order met the requirements governing the opening and continuation of a rowdy sheet.

Order 1059 of the Karnataka Police Manual governs the opening of a Register of Rowdies, including the required approval and consideration of relevant material; Order 1057(2) provides for periodic review of entries.

In Sri B.S. Prakash v. State of Karnataka, W.P. No. 4504/2021, decided 22 April 2022, the Court laid down guidelines for opening and continuing rowdy/history sheets. These include collecting and considering relevant material, ordinarily giving the affected person notice and an opportunity to make a representation, recording reasons for approval, and periodically reviewing the entry.

Applying the B.S. Prakash guidelines and the Karnataka Police Manual, the Court considered whether the impugned order justified continuation of the petitioner’s name in the register.

It found that the order did not meet the requirements of law and therefore held that the authorities must reconsider whether the petitioner’s name should remain in the Register of Rowdies, following the prescribed guidelines.

The Court issued a mandamus directing respondent No. 2 to reconsider whether the petitioner’s name should continue in the Register of Rowdies, in accordance with B.S. Prakash, within three months of receiving a copy of the order.

No order was made as to costs.