- (1.) AJIT Singh Bains The petitioner, who is a resident of village Ram Nagar alias Kasaiwala, Police Station Maur, tahsil and district Bhatinda, has filed this petition under Article 226 of the Constitution for directing the respondents to remove the name of the petitioner from Register No. X or any other register maintained for entering the names of bad characters in the Police Station Maur and further restraining the respondents from demanding a photograph of the petitioner or calling him in the police station.
(2.) BRIEFLY , the facts are that the petitioner was sentenced in the year 1948 to pay a fine of Rs. 50.00 under Section 379 of the Indian Penal Code and on the basis of this conviction, his name was entered in the surveillance register Part II in the Police Station Maur under Rule 23. 4 of the Punjab Police Rules. This entry was cancelled on 1st May, 1956, by the order of the Deputy Superintendent of Police. The petitioner was subsequently tried under Section 307 of the Indian Penal Code but was acquitted in the year 1952, Again he was challaned under the Indian Arms Act and was acquitted. Subsequently, his personal history-sheet was started by the. respondents. It is, in these circumstances, that the petitioner has come to this Court under Article 226 of the Constitution of India. Under Chapter XXIII, Volume III of Punjab Police Rules. 1934, Rule 23. 4 deals with the surveillance register No. X. It is necessary first to notice the rule which is in the following terms:- " 23. 4. Surveillance Register No. X. (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, (b) All released convicts in regard to whom an order under Section 565. Criminal Procedure Code, has been made. (c) All convicts the execution of whose sentence is suspended in the whole, or any part of whose punishment has been remitted conditionally under Section 401, Criminal Procedure Code. (d) All persons restricted under Rules of Government made under Section 16 of the Restriction of Habitual Offenders (Punjab) Act, 1918. (3) In Part II of such register may be entered at the discretion of the Superintendent (a) persons who have been convicted twice, or more than twice, of offences mentioned in Rule 27. 29; (b) persons who are reasonably believed to be habitual offenders or receivers of stolen property whether they have been convicted or not; (c) persons under security under Section 109 or 110, Code of Criminal Procedure; (d) convicts released before the expiration of their sentences under the Prisons Act and Remission Rules without the imposition of any conditions. Note.-- This rule must be strictly construed, and entries must be confined to the names of persons falling in the four classes named therein. "
(3.) A bare reading of Sub-rule (3) of Rule 23. 4 shows that the Superintendent of Police can enter the name of any person who has been convicted twice or more than twice of offences mentioned in Rule 27. 29; or a person who is reasonably believed to be a habitual offender or receiver of stolen property whether he has been convicted or not or persons under security under Section 109 or 110 of the Code of Criminal Procedure; or convicts released before the expiration of their sentences under the Prisons Act and Remission Rules without the imposition of any conditions. Then there is a Note which clearly shows that this rule must be strictly construed and entries must be confined to the names of the persons falling in the four classes named therein.;