Allahabad High Court Limits Police Authority on Citizen Rights

Court Ruling on Police Powers

The Allahabad High Court has determined that law enforcement cannot wield unchecked authority to infringe upon the fundamental rights of individuals based on personal biases, as reported by a legal news outlet.

This decision arose from a petition submitted by Mohammad Wajir, a resident of Siddharthnagar district in Uttar Pradesh.

Wajir had a single case against him, which was filed under the UP Prevention of Cow Slaughter Act in 2016, and he had no other criminal history.

Nevertheless, the police initiated a history sheet against him and denied his request to have it closed in June.

A history sheet is a police document that tracks individuals deemed habitual offenders or potential threats to public safety.

The court emphasized that substantial and credible evidence is required to establish reasonable suspicion before a history sheet can be created.

It noted that the Uttar Pradesh Police Regulations, specifically Regulations 228 and 240, should not be applied arbitrarily to limit a citizen's rights.

The High Court criticized the superintendent of police for dismissing Wajir's request to close his history sheet without any proof of habitual offending.

The court concluded that a single incident from eight years prior was insufficient grounds for maintaining a history sheet and ordered the police to terminate Wajir's history sheet, stating he should not be subjected to surveillance.