Kerala High Court Directs Removal Of A Man’s Name From Rowdy List
The Kerala Excessive Court docket noticed that it can’t be stated {that a} prison will all the time be a prison and a rowdy will all the time be a rowdy. If the individual is coming with a real declare that he’s on the reformative pathway, the court docket can’t ignore the identical.
The query earlier than the Excessive Court docket was: If a ‘rowdy cap’ is given to an individual, ought to that cap proceed till his loss of life? The Petitioner prayed for elimination of his {photograph} from the Fort Kochi Police Station, as he has not been concerned in any prison case for the final 8 years.
The Bench of Justice P.V Kunhikrishnan noticed, “As I discussed earlier, as soon as a rowdy needn’t all the time be a rowdy. It’s a undeniable fact that about 16 prison circumstances are registered in opposition to the petitioner, and a few of them are registered with severe offences. However, it’s conceded by the prosecution that in nearly all of the circumstances, he’s acquitted, besides in a single case wherein the petitioner is the eighth accused. It’s also an admitted undeniable fact that the petitioner just isn’t an accused in any prison case at Fort Kochi, the place he’s now residing. It’s also an admitted undeniable fact that the final case registered in opposition to the petitioner was on 21.06.2017, and he was acquitted in that case on 26.10.2018. Thereafter, no case is registered in opposition to the petitioner in any of the police stations within the Ernakulam District. However he’s below surveillance even now.”
Advocate Shabu Sreedharan represented the Petitioner, whereas Advocate P. Narayanan represented the Respondents.
Case Transient
It was the case of the Petitioner that his mates’ circle led him to get entangled in a number of prison circumstances. Nevertheless, he has not been concerned in any prison case for the final 8 years. It was submitted that not even a single crime has been registered in opposition to the Petitioner within the Fort Kochi Police Station, throughout the jurisdiction of which he has been dwelling all through his life. Additional, in nearly all of the pending prison circumstances, he was acquitted.
Nevertheless, regardless of the above circumstances, the photograph with the title of the Petitioner within the rowdy listing has been exhibited within the gallery of Fort Kochi Police Station, which causes psychological agony and struggling not solely to him but in addition to his members of the family. It should even have the impact of ruining the life and way forward for the Petitioner, together with his marriage prospects.
Court docket’s Evaluation
The Court docket mentioned points together with “As soon as a rowdy, needs to be handled as a rowdy all the time?” and Whether or not the rowdy historical past sheet ready is for familiarising police personnel to know the prison background of such individuals, or whether or not it needs to be exhibited within the police station, infringing the privateness of the individual?
The Bench described the time period “Rowdy” as behaviour that’s tough, noisy, and infrequently violent or disruptive.
The Kerala Excessive Court docket emphasised that an setting wherein society continues guilty criminals merely due to their previous historical past needs to be averted. An individual just isn’t born as a prison. Society and all of us create criminals due to sure conditions which needs to be averted. Due to this fact, each citizen has an obligation to see that the criminals are happening a reformatory pathway.
“Our prison justice supply system just isn’t punitive alone, however reformation is the primary aim in Indian due to his circumstances in life. Financial elements are additionally a cause for creating criminals in society. Financial hardship can drive people to crime as a way of survival. Restricted entry to high quality training can hinder alternatives and improve the probability of prison behaviour. Joblessness can result in desperation and improve the danger of involvement in prison actions… By addressing these underlying elements, are vital. By addressing these underlying elements, society can work in direction of decreasing crime charges and selling a safer, extra supportive setting for all, together with the criminals.”, the Court docket noticed.
Within the mild of the above, the Court docket held that a chance needs to be given to the Petitioner to reform himself as for the final 8 years, the Petitioner has not been concerned in any prison offences.
Moreover, the Court docket additionally noticed that the pictures of the criminals are to not be displayed within the police station premises, which is accessible to the general public. It will likely be stored in a safe space accessible solely to the police personnel, guaranteeing confidentiality and stopping public publicity. Due to this fact, there is no such thing as a infringement of the privateness of the criminals, and society must also know the identical.
The Court docket directed for the elimination of the Petitioner’s title and {photograph} from the rowdy Checklist of criminals stored in Kochi Fort Police Station.
Accordingly, the Writ Petition was allowed.
Trigger Title: Nixon V. The Metropolis Police Commissioner ( Impartial Quotation: 2025:KER:46085)
Look:
Petitioner: Advocate Shabu Sreedharan
Respondents: Advocates P. Narayanan and Sajju. S
