In a significant order that could have wider implications for police surveillance practices in Karnataka, the Karnataka State Police Complaints Authority (KSPCA) has directed the closure of the rowdy sheet maintained against Sunil Kumar alias ‘Silent Sunil’, citing failure by the police to comply with procedural safeguards laid down by the Karnataka High Court.

The order was passed by a three-member bench headed by chairperson N.K. Sudhindra Rao, along with member Mohan Kumar Danappa and member secretary Devajyoti Ray.

Silent Sunil, a resident of Hebbal, had approached the authority seeking the removal of his name from the rowdy register. He argued that despite being acquitted in multiple criminal cases and having no criminal cases currently pending against him, the police continued to classify him as a rowdy-sheeter, causing stigma and affecting his personal liberty.

Procedural lapses

During the proceedings, the police cited several criminal cases registered against him since 1996, including cases relating to murder, attempt to murder, extortion, rioting, conspiracy and offences under the Arms Act, 1959. However, the authority noted that most of the cases had ended in acquittal, while some had been stayed or quashed by the courts.

The authority observed that before opening or continuing a rowdy sheet, the police are required to follow due process, including the collection of credible material, issuance of notice, approval by competent authorities, periodic review every two years and adherence to principles of natural justice.

The authority found that the police had failed to produce records demonstrating compliance with these requirements. It also noted the absence of documents showing that the rowdy sheet had been reviewed periodically as mandated by law.

Consequently, the authority ordered the closure of the rowdy sheet opened against Silent Sunil on November 26, 2014, while clarifying that the police are free to initiate fresh proceedings in the future if warranted and if carried out strictly in accordance with law.

Relief to others

Sources familiar with the proceedings said Silent Sunil is not the only beneficiary of the authority’s scrutiny. In the last two meetings of the KSPCA, nearly 14 people with similar police records have secured similar relief, with the authority directing closure of rowdy sheets after finding procedural lapses and non-compliance with High Court guidelines.

Officials said around 50 more petitions seeking the removal of names from rowdy and history-sheeter registers are currently pending before the authority and are awaiting disposal.

This comes days after Chief Minister D.K. Shivakumar, in his first meeting with senior officials of the State after taking charge, floated the idea of forming anti-rowdy squads in every taluk. Following this, M.A. Saleem, Director General and Inspector of Police, Karnataka, issued a circular ordering the formation of anti-rowdy squads in every police circle. This move is expected to increase the number of rowdy sheets for the police to keep tabs on across the State.