Madras High Court
Administrative and Public LawConstitutional Law

Police must decide history-sheet removal requests on their merits and in accordance with law.

Nethaji vs The Commissioner of Police

Madras High CourtJUDGMENT: October 08, 20262 MIN READSOURCE JUDGMENT
Police must decide history-sheet removal requests on their merits and in accordance with law.. Nethaji vs The Commissioner of Police. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought removal of his name from History Sheet No. 1 of 2015 maintained by the police.

Source reference: p.1–2

After submitting a representation dated 6 August 2026 and receiving no decision, he filed a writ petition seeking a direction that the respondents consider it.

Source reference: p.1–2

The Court referred to principles previously set out in W.P. (MD) No. 19651 of 2017 and incorporated in a Director General of Police circular dated 24 April 2019.

Source reference: p.2–5
02

Issues

Whether the petitioner was entitled to a direction requiring the police to consider his representation seeking removal of his name from the history sheet.

Source reference: p.1–2, 6
03

Law Applied

Police Standing Orders (PSO) Nos. 746–748 govern the opening, retention, extension, and closure of history sheets.

Source reference: p.2–5

Under the principles set out in the DGP’s circular dated 24 April 2019, continued retention must be supported by valid material and reasoned orders by the competent authority; extensions cannot be made arbitrarily.

Source reference: p.2–5

Retention must also be fair and reasonable and balance public peace with the individual’s rights under Article 21 of the Constitution.

Source reference: p.2–5

The Court relied on the principles drawn from its earlier order in W.P. (MD) No. 19651 of 2017 and the cited decision in Manivanan v. State, (2013) 7 MLJ 501.

Source reference: p.2, 5
04

Reasoning

The Court did not determine whether the petitioner’s name should in fact be removed.

Source reference: p.5–6

It noted that the governing principles require the police to assess the continued retention of a history sheet in accordance with the Police Standing Orders, on relevant material and with proper reasons.

Source reference: p.5–6

It therefore directed the Inspector of Police to decide the petitioner’s pending representation on its merits and in accordance with law.

Source reference: p.5–6
05

Holding

The Court allowed the petition to the limited extent of directing the third respondent, the Inspector of Police, to consider the petitioner’s representation dated 6 August 2026 and pass orders on its merits and in accordance with law within four weeks of receiving a copy of the order.

The writ petition was disposed of; no direction to remove the petitioner’s name was issued.

Source reference: p.6
Madras High Court

Original Court PDF

NethajivsThe Commissioner of Police

Madras High Court · October 08, 2026

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