<p>Bengaluru: With no procedure prescribed in law to summon rowdy sheeters, the state cannot orally summon and detain them in police station for long hours as that will infringe on their personal liberty, the high court said in a recent judgement.</p>.<p>Justice R Nataraj observed this while partly allowing a petition filed by history sheeter Sunil alias Silent Sunil.</p>.<p>The petitioner filed the petition in 2019 against IPS officer Alok Kumar, the then additional commissioner of police.</p>.<p>Sunil is named an accused in 24 cases in several police stations in the city.</p>.Karnataka High Court issues notice to officials, including Mandya DC over encroachment of CMC land.<p>In April 2019, Central Crime Branch (CCB) officials orally asked him to be present at the office on April 12 to attend a rowdy parade being conducted by Alok Kumar.</p>.<p>According to the petitioner, Alok Kumar abused him and later caught hold of him by his ear and hair and pushed him around. After this incident, Sunil was repeatedly asked orally to visit the CCB office on four occasions.</p>.<p>According to the petitioner, there is no procedure either in Karnataka police manual or in Bharatiya Nyaya Sanhita, 2023, prescribing the manner of summoning a person whose name appears in the rowdy list.</p>.<p>He said there is neither any law nor procedure for conducting a rowdy parade, telecasting the same on public channels and printing details of such parades in the media.</p>.<p>Sunil claimed that he has reformed and is living a life of dignity with his family.</p>.<p>He said Alok Kumar’s acts resulted in violation of the fundamental right guaranteed under Article 21 of the Constitution.</p>.<p>On the other hand, the additional government advocate admitted that there is no provision prescribing procedure for summoning a person whose name is entered in the rowdy register.</p>.<p>It was submitted that there are 6,540 rowdies in Bengaluru city and, it will be highly impracticable to follow procedure of issuing notices to rowdy sheeters.</p>.<p>After perusing materials on the subject matter, Justice Nataraj said maintenance of a rowdy register is an internal document of the police department and that such a person has no say in the matter of entering his name in the register. </p>.<p>Therefore, unless there was a procedure in law prescribed to secure presence of a rowdy, the same would fall foul of Article 21 of the Constitution of India, the court said.</p>.<p>“Whatever might be the consequences, when there is no procedure prescribed in law to summon a rowdy sheeter, the respondent - state cannot justify summoning them orally and detaining them in the police station for long hours as that would infringe their personal liberty,” the judge said.</p>.<p>The court made it clear that if Sunil is involved in any crime punishable under any enactment, protection granted to him shall automatically vanish.</p>
<p>Bengaluru: With no procedure prescribed in law to summon rowdy sheeters, the state cannot orally summon and detain them in police station for long hours as that will infringe on their personal liberty, the high court said in a recent judgement.</p>.<p>Justice R Nataraj observed this while partly allowing a petition filed by history sheeter Sunil alias Silent Sunil.</p>.<p>The petitioner filed the petition in 2019 against IPS officer Alok Kumar, the then additional commissioner of police.</p>.<p>Sunil is named an accused in 24 cases in several police stations in the city.</p>.Karnataka High Court issues notice to officials, including Mandya DC over encroachment of CMC land.<p>In April 2019, Central Crime Branch (CCB) officials orally asked him to be present at the office on April 12 to attend a rowdy parade being conducted by Alok Kumar.</p>.<p>According to the petitioner, Alok Kumar abused him and later caught hold of him by his ear and hair and pushed him around. After this incident, Sunil was repeatedly asked orally to visit the CCB office on four occasions.</p>.<p>According to the petitioner, there is no procedure either in Karnataka police manual or in Bharatiya Nyaya Sanhita, 2023, prescribing the manner of summoning a person whose name appears in the rowdy list.</p>.<p>He said there is neither any law nor procedure for conducting a rowdy parade, telecasting the same on public channels and printing details of such parades in the media.</p>.<p>Sunil claimed that he has reformed and is living a life of dignity with his family.</p>.<p>He said Alok Kumar’s acts resulted in violation of the fundamental right guaranteed under Article 21 of the Constitution.</p>.<p>On the other hand, the additional government advocate admitted that there is no provision prescribing procedure for summoning a person whose name is entered in the rowdy register.</p>.<p>It was submitted that there are 6,540 rowdies in Bengaluru city and, it will be highly impracticable to follow procedure of issuing notices to rowdy sheeters.</p>.<p>After perusing materials on the subject matter, Justice Nataraj said maintenance of a rowdy register is an internal document of the police department and that such a person has no say in the matter of entering his name in the register. </p>.<p>Therefore, unless there was a procedure in law prescribed to secure presence of a rowdy, the same would fall foul of Article 21 of the Constitution of India, the court said.</p>.<p>“Whatever might be the consequences, when there is no procedure prescribed in law to summon a rowdy sheeter, the respondent - state cannot justify summoning them orally and detaining them in the police station for long hours as that would infringe their personal liberty,” the judge said.</p>.<p>The court made it clear that if Sunil is involved in any crime punishable under any enactment, protection granted to him shall automatically vanish.</p>
