The Karnataka High Court has ruled that the police cannot orally summon rowdy sheeters, who are not actively involved in the commission of offences or suspected of the same, adding that they may instead be notified through SMS or WhatsApp.
A bench of Justice R Nataraj passed the order on December 4 while hearing a plea by Sunil Kumar, a rowdy sheeter residing in Bengaluru’s Hebbal. Kumar had approached the court seeking that he be issued a notice when his presence was required for an investigation. He claimed that he had reformed and was living a dignified life, and argued that his fundamental rights were being violated in the context of frequent police visits to his house, which left him in fear of being arrested and implicated in cases.
Kumar’s counsel stated that apart from his name being on the rowdy sheet, no further cases were pending. Despite this, he argued, the police would summon and even abuse Kumar after oral summons, apart from detaining him without cause. Apart from being a violation of the rights to privacy and liberty, the counsel argued that there was no procedure in either the Bharatiya Nyaya Sanhita or the state police manual for such an oral summons.
The state argued that the general practice was that when the presence of a rowdy sheeter was needed, the police would summon him for enquiry and then send him back, without violating his or her rights. It was also argued by the state that, considering the large number of rowdy sheeters in Bengaluru, issuing notices to them would not be practical.
Having heard the rival contentions, the court stated, “Therefore, 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….till the State passes any law prescribing the manner of summoning a person whose name is found in the rowdy register, this court…considers it appropriate to balance the interest of the rowdy sheeters as well as the state and the public.”
The court then stated that rowdy sheeters would provide a mobile number under which the police could send an SMS or WhatsApp message to direct their appearance for enquiry. The court stipulated that this would not apply if the rowdy sheeter indulged in any criminal activity, and if he failed to present himself after such a message, the police could visit his home for such enquiries.