Facts
The petitioner challenged the Deputy Superintendent of Police’s order dated 24 August 2017 entering his name in the Register of Rowdies.
Source reference: pp. 2–4He alleged that the entry was made without following the requirements of the Karnataka Police Manual or assessing whether his activities met the definition of a rowdy.
Source reference: pp. 2–4The State supported the entry, stating that it was based on the petitioner’s involvement in criminal cases and concern for public peace.
Source reference: pp. 2–4The petitioner sought quashing of the order and deletion of his name from the register.
Source reference: pp. 2–4Issues
1. Whether the petitioner’s entry in, and continued inclusion in, the Register of Rowdies complied with the requirements of the Karnataka Police Manual and the guidelines in Sri B.S. Prakash v. State of Karnataka.
Source reference: pp. 3–72. Whether the respondent authorities should be directed to reconsider the continuation of the petitioner’s name in the register.
Source reference: p. 8Law Applied
The Court relied on Orders 1057 and 1059 of the Karnataka Police Manual, 1965, and the guidelines laid down by a Co-ordinate Bench in Sri B.S. Prakash v. State of Karnataka and Others, W.P. No. 4504/2021, decided on 22 April 2022.
Source reference: pp. 5–7Those guidelines require the police to collect and assess relevant material before proposing registration; ordinarily give the individual notice and an opportunity to make a representation; require the competent senior officer to call for and objectively consider the records and briefly record reasons for approval; and require periodic review of entries, including consideration of representations seeking deletion.
Source reference: pp. 5–7The Court also noted that the guidelines prescribe review and complaint procedures and apply, mutatis mutandis, to history-sheeters.
Source reference: pp. 5–7Reasoning
Applying the B.S. Prakash guidelines, the Court considered the impugned order and concluded that it did not satisfy the requirements of law.
Source reference: p. 8It therefore held that the authorities must reconsider whether the petitioner’s name should remain in the Register of Rowdies, following those guidelines.
Source reference: p. 8The judgment does not specify which individual procedural requirement was deficient.
Source reference: p. 8Holding
The writ petition was allowed.
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 the guidelines in Sri B.S. Prakash.
Source reference: p. 8The exercise was to be completed within three months of receipt of the order.
Source reference: p. 8No order was made as to costs.
Source reference: p. 8Original Court PDF
GOUDAPPAGOUDAvsTHE STATE OF KARNATAKA
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