Telangana HC rules indefinite continuation of rowdy sheet without periodic review is illegal

Hyderabad: Telangana High Court has ruled that the indefinite continuation of a rowdy sheet without periodic review is illegal.

The court said that while the police are empowered to open a rowdy sheet against habitual offenders who pose a threat to public order, such action must strictly adhere to legal provisions and cannot be continued arbitrarily.

The court noted that the rowdy sheet, once opened, must be reviewed at least once every six months.

Background of the Case

The ruling came on a petition filed by Mohammed Khalid of Talabkatta, Hyderabad, seeking the quashing of a rowdy sheet opened against him in 2008.

The petitioner contended that despite there being no pending criminal cases against him, the police continued to maintain the rowdy sheet, thereby infringing upon his fundamental rights.

Arguments before the Court

Counsel for the petitioner argued that the continuation of the rowdy sheet without any ongoing criminal cases amounted to an unjustified violation of personal liberty.

On the other hand, the government pleader maintained that the rowdy sheet was continued, apprehending the possibility of the petitioner being involved in crimes in the future.

Court’s Observations

After hearing both sides, Justice N. Tukaramji observed that under the AP Police Manual, the police do have the authority to open a rowdy sheet.

However, this power is neither absolute nor unilateral and must be exercised in accordance with prescribed norms and safeguards.

The judge noted that in the present case, all earlier cases against the petitioner had concluded, and he was acquitted. Moreover, there were no fresh cases registered against him.

Final Order

Holding that the continued maintenance of the rowdy sheet in such circumstances was unjustified, the court set aside the rowdy sheet opened against the petitioner.

The High Court reiterated that failure to conduct mandatory periodic reviews renders the continuation of a rowdy sheet invalid under the law.

The judgment underscores the balance that must be maintained between policing powers and the protection of individual rights.