The Delhi High court on Wednesday suggested AAP MLA Amanataullah Khan to avail administrative remedy by filing a representation against the Delhi police order declaring him a Bad Character.
The court has asked the counsel to take instructions and has listed the matter for direction tomorrow.
Justice Sudhir Kumar Jain suggested that the petitioner should avail administrative remedy by filing a representation before the competent authority of the Delhi Police. Police pass a speaking order on the representation. Even after that, if the petitioner is not satisfied, he may come to court.
The bench asked the counsel M Sufian Siddiqui to take instructions at this point and apprise the court tomorrow.
Advocate Siddiqui submitted that the Court may pass the order to treat this petition as representation.
During the hearing, ASG Sanjay submitted before the court that declaring a person a 'bad character' is a confidential one. This information about the process cannot be shared with the person against whom it has started.
He also submitted that the decision is taken by a competent authority on the basis of material available with DCP, in this case, it included a list of instances.
It is right that the petitioner is not a convict but there are cases against him. On this basis that his name has been entered into the register and a history sheet has been opened. This decision was taken with a proper application of mind.
It was further submitted that the information cannot be shared with the petitioner but can be disclosed to the court for judicial scrutiny.
On the other hand, the counsel for AAP MLA contended that this is the first unprecedented case where a sitting MLA has been declared a bad character. Otherwise, the story is another way round where the bad characters become MPs and MLAs.
Earlier the High Court had issued notice to Delhi Police on a plea moved by AAP MLA Amanatullah Khan where he challenged the order issued by Delhi Police that declared him a Bad character of the area.
The bench had declined to interfere in the decision taken by Delhi Police. The counsel for the petitioner had urged the court to pass an interim direction for Delhi Police not to act on the decision.
AAP MLA Amanatullah Khan had moved a petition through Advocate M. Sufian Siddiqui challenging the Delhi Police's decision. He sought quashing of the decision.
The petition had stated that the dossier was leaked to the media in contravention of rules and regulations in this regard which mandate it to be kept confidential.
The petitioner said that it was a classic case of brazen abuse of the process of law by the Delhi police.
The plea moved by AAP MLA from Okhla has sought the quashing of the history sheet and proposal of declaring him a bad character. He also sought to remove his name from the register for surveillance to keep a close watch on his activities.
The SHO Jamia Nagar had submitted a dossier to the DCP South East and to ACP New Friends Colony along with a proposal of opening a history sheet and placing his name as Bad Character.
The petition submitted that the approval was granted in a mechanical manner.
( With inputs from ANI )
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