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TMI Blog1980 (12) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... ental Electricals besides owning a hotel named Park Restaurant on Grand Trunk Road Amritsar. They state that they are Income-tax assessees and assert that they are law abiding citizens. They claim that on account of their active political affiliation to the Akali party, one Prithipal Singh a Congress M.L.A. is enimically disposed towards them and has been instrumental in having the appellants falsely implicated in some criminal cases. All the criminal cases ended either in acquittal or discharge. The appellants were also detained under the MISA for sometime but they were released from detention as the Advisory Board refused to confirm their detention. The appellants claim that they took active part in exposing the corrupt activities of the Deputy Superintendent of Police, Amritsar and had even published wall posters with the result that the Deputy Superintendent of Police had instituted a prosecution for defamation against the appellants. As a measure of humiliation and harassment, the names of the appellants were entered in the surveillance register maintained at the Police Station A Division, Amritsar. The appellants allege that their photographs have been displayed amongst th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... veillance register. As this was not done, the inclusion of the names of the appellants in the register was bad. We may add that the vires of the Punjab Police rules which provide for the maintenance of a surveillance register was not questioned before us. Chapter 23 of the Punjab Police rules deals with prevention of offences. Rule 23.4 which provides for the maintenance of a surveillance register in every Police Station is in the following terms: 23.4 (1) In every police station, other than those of the railway police, a Surveillance Register shall be maintained in Form 23.4(1). (2) In part I of such register shall be entered the names of persons commonly resident within or commonly frequenting the local jurisdiction of the police station concerned, who belong to one or more of the following classes:- (a) All persons who have been proclaimed under section 87, Code of Criminal Procedure (s.82 of the Criminal Procedure Code of 1973). (b) All released convicts in regard to whom an order under section 565, Criminal Procedure Code, has been made (S. 356 of the Criminal Procedure Code of 1973). (c) All convicts the execution of whose sentence is suspended in the whole ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade in the Rules with regard to the preparation, maintenance and custody of history sheets. Rule 23.31 provides that all records connected with Police surveillance are confidential and nothing contained in them may be communicated to any person and that inspection may not be allowed or copies given. The District Magistrate and the Ilaqa Magistrate are, however, entitled to examine the records in accordance with Rules 1.15 and 1.21. As mentioned by us, earlier, the vires of the Punjab Police Rules which provide for the maintenance of the surveillance register was not questioned before us, perhaps, because of Kharak Singh v. State of U.P. Ors. and Gobind v. State of Madhya Pradesh Anr. The two principal questions which were raised for our consideration were whether a person was entitled to be given an opportunity to show cause before his name was included in the surveillance register and whether, in the instant case, their names were included in the register without any grounds for reasonably believing them to be habitual offenders or receivers of stolen property, as required by Rule 23.4 (3) (b). The second submission was based on the circumstance that the appellants have not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l be no interference by a public authority with the exercise of this right, except such as is in accordance with law and is necessary in a democratic society in the interests of national security, public safety, for the prevention of disorder and crime or for the protection of health or morals . As we said, discreet surveillance of suspects, habitual and potential offenders, may be necessary and so the maintenance of history sheet and surveillance register may be necessary too, for the purpose of prevention of crime. History sheets and surveillance registers have to be and are confidential documents. Neither the person whose name is entered in the register nor any other member of the public can have access to the surveillance register. The nature and character of the function involved in the making of an entry in the surveillance register is so utterly administrative and non-judicial, that it is difficult to con- ceive of the application of the rule of audi altrem partem. Such enquiry as may be made has necessarily to be confidential and it appears to us to necessarily exclude the application of that principle. In fact observance of the principles of natural justice may de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounds. Ordinarily the names of persons with previous criminal record alone are entered in the surveillance register. They must be proclaimed offenders, previous convicts, or persons who have already been placed on security for good behaviour. In addition, names of persons who are reasonably believed to be habitual offenders or receivers of stolen property whether they have been convicted or not may be entered. It is only in the case of this category of persons that there may be occasion for abuse of the power of the police officer to make entries in the surveillance register. But, here, the entry can only be made by the order of the Superintendent of Police who is prohibited from delegating his authority under Rule 23.5. Further it is necessary that the Superintendent of Police must entertain a reasonable belief that persons whose names are to be entered in Part II are habitual offenders or receivers of stolen property. While it may not be necessary to supply the grounds of belief to the persons whose names are entered in the surveillance register it may become necessary in some cases to satisfy the Court when an entry is challenged that there are grounds to entertain such reaso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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