Allahabad: The Allahabad High Court has ruled that the police cannot arbitrarily place citizens under surveillance by opening history sheets without credible evidence. The judgment came while hearing a plea by Mohammad Wajir, a Muslim man from Siddharthnagar, whose name had been entered in the surveillance register despite the absence of a criminal record beyond a single case filed in 2016.
A Division Bench of Justice Siddharth and Justice Santosh Rai quashed the Superintendent of Police’s June 2025 order that had rejected Wajir’s request to close his history sheet. The court stressed that Regulations 228 and 240 of the Uttar Pradesh Police Regulations do not give unchecked powers to the police to curtail the fundamental freedoms of citizens.
Wajir’s legal counsel argued that he is not a habitual offender. The only case registered against him was under the Cow Slaughter Act in 2016, in which the investigation has been completed, a chargesheet filed, and bail granted. No other FIR or complaint has been lodged against him since then. Despite this, the police opened a History Sheet No. 18-A against him, categorising him as if he were a repeat offender.
The Bench held that history sheets are meant for individuals with previous criminal records or those reasonably believed to be habitual offenders. The court cited earlier Supreme Court rulings that limit police powers in maintaining surveillance registers. It observed that police authorities had “very casually rejected” Wajir’s plea without any cogent material, which was unconstitutional.
The High Court ordered the immediate closure of Wajir’s history sheet and directed the authorities not to continue surveillance against him. The ruling serves as an important reminder that surveillance powers must be exercised with accountability and cannot be used to unfairly target individuals.
