Rowdy Sheets Can’t Continue Where Accused Is Acquitted And No Criminal Case Is Pending: Andhra Pradesh High Court

Case Background

The Andhra Pradesh High Court recently held that “Rowdy Sheets” (a police register where habitual offenders are recorded and surveilled) cannot be continued against a person if:

The accused has been acquitted of the criminal charges against him, and

There are no pending criminal cases against him.

This decision protects the right to life and personal liberty under Article 21 of the Constitution of India.

What is a Rowdy Sheet?

In Andhra Pradesh and Telangana, police maintain rowdy sheets to keep surveillance over people considered habitual offenders or threats to public peace.

Opening or continuing a rowdy sheet means the police can keep watch, restrict movements, and even summon the person frequently for inquiry.

While meant for public safety, misuse can lead to harassment of innocent persons.

Court’s Reasoning

Once acquitted, presumption of innocence revives

Law says “an accused is innocent until proven guilty”.

If the person is acquitted, then he cannot be branded a “rowdy” unless there are fresh cases showing habitual criminal activity.

Rowdy sheets are preventive, not punitive

Their purpose is to prevent crimes, not to punish someone for past allegations.

Continuing a rowdy sheet after acquittal amounts to punishment without trial.

Violation of Fundamental Rights

Surveillance without valid ground is a violation of Article 21 (Right to Life & Liberty) and Article 14 (Right to Equality).

The State cannot keep someone under stigma if there is no pending case.

Supporting Case Laws

Kharak Singh v. State of UP (1962, SC)

Surveillance that invades personal liberty without procedure established by law violates Article 21.

Malak Singh v. State of Punjab & Haryana (1981, SC)

Surveillance must not be arbitrary or excessive. Police cannot open/continue surveillance registers without reasonable grounds.

D. Venkatesh v. State of A.P. (AP HC)

If there are no criminal cases pending, continuation of rowdy sheet is illegal and violative of fundamental rights.

Puttagunta Pasi v. Commissioner of Police (AP HC)

A rowdy sheet cannot be maintained mechanically; there must be material to show habitual criminal conduct.

Joginder Kumar v. State of UP (1994, SC)

Liberty of a citizen cannot be curtailed merely because the police have suspicion.

High Court’s Conclusion

If a person has been acquitted and there are no pending cases, the police must close the rowdy sheet immediately.

Continuing it is an act of arbitrariness and harassment.

The State must balance public interest (crime prevention) with individual liberty (fundamental rights).

In short:
The Andhra Pradesh High Court made it clear that once a person is acquitted and has no ongoing criminal cases, his name cannot remain in the police rowdy sheet register. Otherwise, it is a violation of constitutional rights and amounts to harassment.

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