Delhi High Court dismisses plea by AAP MLA Amanatullah Khan against Delhi Police decision to list him as 'bad character'

The Delhi High Court on Thursday dismissed a plea by Aam Aadmi Party (AAP) MLA Amanatullah Khan challenging the Delhi Police's decision to list him as 'bad character' after opening the 'history sheet' against him. .However, Justice Sudhir Kumar Jain dismissed the plea after having reserved the judgement on October 7. .In a detailed order, Justice Jain said that it is apparent from the record that the authorities followed the rules and gave sufficient reasons to open history sheet against Khan and entering his name in the surveillance register."The opening of the History Sheet qua the petitioner and subsequent according of approval by the respondent no.2 (DCP South East) was not based on conjecture or surmises but was accorded on application of mind and was not contrary to the strict provisions of the Rule. There was no mala fide exercise of discretion on the part of the respondent no.2 while according the approval on 30.03.2022," the court said.It, therefore, concluded that Khan's petition is devoid of any merit deserved to be dismissed. "However, the petitioner shall be at liberty to make a representation for deletion/cancellation of his name from Surveillance Register X in accordance with Rules and Law which shall be decided by the respondents in accordance with law without any delay.".Khan, who represents the Okhla constituency of Delhi, approached the High Court seeking quashing of the history sheet on the grounds that it was issued in violation of the Punjab Police Rules. These rules are applicable to Delhi Police as well, the Court was told.Advocate M Sufian Siddiqui, appearing for Khan, had argued that even though the concerned police officer has to accord reasons whenever a history sheet is opened and a person is listed as 'bad character', but the procedure for the same as provided under the Rules, was not followed.He added details of the development have to be kept secret but it was leaked to the media."On the face of it their conduct is mala fide. They leaked it to the media before it was sent to me. It has been published in all the newspapers. This is in complete violation of my Article 21 rights," it was argued.However, the counsel appearing for Delhi Police stated that details were not leaked by the Police."He is a political person. He may have leaked it himself. We have not leaked anything. He has 16 FIRs against him," the counsel said.Siddiqui challenged the assertion stating that Khan has been discharged or is on bail in 14 of these FIRs..Advocates Sufian Siddiqui, Rakesh Bhugra and Alya Veronica appeared for Khan. ASG Sanjay Jain, ASC Nandita Rao and advocates Nishant Tripathi, Akash Kishore, Harshita Sukhija and Tanya Aggarwal appeared for the respondents. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.