The Delhi High Court Friday reserved its order on a plea by MLA Amanatullah Khan against the city police naming him a “bad character”, a decision the AAP leader claimed was mala fide and issued in a mechanical manner. The Delhi Police, on the other hand, contended the due procedure was followed by the competent authorities to arrive at the decision under challenge, and that no sufficient material was placed before the court to prove any mala fide on their part. Justice Sudhir Kumar Jain, after hearing the oral arguments of the parties, said, Arguments heard. Judgement reserved.
Lawyer M Sufian Siddiqui, appearing for the petitioner, asserted the authorities acted in absolutely mala fide manner while claiming a replica of the history sheet, which is a confidential document, was shared on social media by the spokesperson for a rival political party which has maligned Khan. It (history sheet) was in your (police’s) custody. It is not a public document. This proves their mala fide conduct. Why are they shying away from an inquiry (into the leak)? he argued. Contending that the entire history sheet was bereft of material, Khan’s lawyer added such a decision has to be a precautionary order for a person who is habitually addicted to crime. There are 18 cases total (against the petitioner). Out of these 18 cases, in 14 the petitioner has been acquitted or discharged or case has been compounded. These 14 cases can’t form the basis . The remaining 4 cases, these are pending trial, he submitted. Additional Solicitor General, on behalf of the Delhi Police, argued applicable rules were duly followed by the competent authorities in the case and the decision was arrived at in view of the material on record and after application of mind. The court said it will peruse the official file related to the decision under challenge before delivering the order.
Earlier, the Delhi Police had said the reasons recorded by the approving authority are confidential in nature and cannot be shared with the petitioner. Delhi Police had declared Khan a bad character earlier this year, according to an official document.
The proposal for it was sent on March 28 by the Jamia Nagar police station in Southeast district and approved on March 30. A total of 18 FIRs have been registered against him, the document had stated.
According to police, a person involved in multiple criminal cases, including serious offences like murder and attempt to murder, and who could disturb peace in an area, is declared a bad character.
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