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Rajasthan Court: Cases Alone Don't Justify Surveillance
31 Oct
Summary
- Mere case registrations don't justify police surveillance.
- Authorities need reasoned assessment of allegations and outcomes.
- Court ordered SP to reconsider petitioner's history sheet.
The Rajasthan High Court has clarified that the mere registration of criminal cases against an individual does not automatically justify ongoing police surveillance or the retention of a history sheet. A reasoned assessment by authorities is crucial, involving an evaluation of the allegations, case outcomes, and how recent the incidents are.
Justice Sunil Beniwal of the High Court mandated that the Superintendent of Police in Udaipur must re-evaluate a history sheet opened for petitioner Naresh Prajapat. Prajapat had faced 12 criminal cases between 1996 and 2025, with a single conviction occurring nearly thirty years prior.
The court emphasized that while a conviction is not a mandatory prerequisite for opening a history sheet under the 1965 Rajasthan Police Rules, the competent authority must possess reasonable grounds. These grounds must align with the categories prescribed within the rules. The number of cases alone cannot substitute for a lawful and reasoned exercise of discretion.
Authorities are now required to assess the nature and recency of cases, their outcomes, subsequent criminal involvement, and all material considered before ordering surveillance. The matter was remitted to the Udaipur SP for a fresh and thorough consideration.
