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Andhra Pradesh High Court faults AP police rules on rowdy sheets, surveillance
The Andhra Pradesh High Court held that Standing Orders of the Andhra Pradesh Police Manual for opening and continuation of rowdy sheets, and surveillance on their basis was unconstitutional and thus, void.
Vijayawada: The Andhra Pradesh High Court held that Standing Orders of the Andhra Pradesh Police Manual for opening and continuation of rowdy sheets, and surveillance on their basis was unconstitutional and thus, void.
More importantly, the court held that home/domiciliary visits, summoning to the station, and collection of personal information would amount to violation of fundamental rights. "The police cannot open or continue a rowdy sheet or collect data without the sanction of law," the court added for good measure.
A single-judge bench of Justice D V S S Somayajulu held that the police could not open or continue a rowdy sheet or collect data pertaining to a person without the sanction of law since privacy was a fundamental right now.
The judge stated, "It is reiterated that the police cannot (under the existing orders) indulge in night visits; domiciliary visits to the houses of a suspect or accused. They cannot take or demand the photographs, fingerprints, etc., except under the procedure established by a 'law' and if the conditions laid down are satisfied. Accused or suspects cannot be summoned or called to the police station or anywhere else either during festivals /elections/weekends, etc., They cannot be made to wait at the police stations for any reason or seek permission to leave the local jurisdiction".
While deciding an issue relating to the validity of opening and continuation of rowdy sheets against the petitioners, it was found that the police were ignoring settled law and opening rowdy sheets.
Several petitioners had approached the court following continuing rowdy sheets in the state.
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