Facts
The petitioner challenged the order dated 24 August 2017 by which the police entered his name in the Register of Rowdies.
Source reference: paras. 2–4, pp. 3–4He alleged that the entry was made without following the requirements of the Karnataka Police Manual or assessing whether his conduct met the applicable criteria.
Source reference: paras. 2–4, pp. 3–4The State submitted that the entry was made because of the petitioner’s involvement in criminal cases and activities said to affect public peace, and that it was intended to monitor his activities.
Source reference: paras. 2–4, pp. 3–4The petitioner sought quashing of the order and deletion of his name from the Register.
Source reference: p. 2Issues
1. Whether the petitioner’s entry and continued inclusion in the Register of Rowdies complied with the Karnataka Police Manual and the guidelines in Sri B.S. Prakash v. State of Karnataka and Others.
Source reference: paras. 5–7, pp. 5–72. Whether the Court should direct deletion of the petitioner’s name or require the competent authority to reconsider its continuation in the Register.
Source reference: para. 7, p. 7Law Applied
Order 1059 of the Karnataka Police Manual governs entry in the Register of Rowdies and requires the competent authority to consider the relevant records and material before approving an entry; Order 1057(2) provides for periodic review of entries.
Source reference: para. 6, pp. 5–6The Court applied the guidelines laid down in Sri B.S. Prakash v. State of Karnataka and Others, W.P. No. 4504/2021, decided 22 April 2022, which require, among other things, collection of relevant material, notice and an opportunity to make a representation (subject to recorded exceptions), reasoned approval by the competent authority, and periodic review.
Source reference: paras. 2, 5–6, pp. 3, 5–7Reasoning
The Court considered the impugned order against the requirements identified in Sri B.S. Prakash and concluded that it did not meet the requirements of law.
Source reference: para. 7, p. 7It therefore held that the authorities had to reconsider whether the petitioner’s name should remain in the Register, applying the prescribed guidelines.
Source reference: para. 7, p. 7The Court did not itself determine that the petitioner’s name must be deleted.
Source reference: no citationHolding
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, and to complete that exercise within four months of receiving the order.
Source reference: para. 7, pp. 7–8No order was made as to costs.
Source reference: para. 7, pp. 7–8Original Court PDF
KAPPUGOUDAvsTHE STATE OF KARNATAKA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
