Photo Of 'Rowdy' Not Displayed In Police Stations To Protect Their Right To Privacy: Kerala High Court

The Kerala High Court recently observed that once a rowdy sheet/list is opened against a person it is not displayed in the premises of the police station but is actually kept in a secure area which is accessible only to police officials to ensure that "criminal's right to privacy" is not infringed.

Justice P.V. Kunhikrishnan made the observations in his order while directing the removal of a person's name from the rowdy list of Fort Kochi Police Station since he has not been involved in any criminal activity for the past 8 years.

The high court observed that there is a "general belief in the society that the rowdy list will be published in the police station" so that everybody going there can see the rowdy list and the photographs of the persons mentioned there in.

"Even in some Malayalam movies, such a description is given stating that the name and photograph of the rowdies will be exhibited in the police station. This is a wrong concept.The society should know that, once a rowdy history sheet is opened against a person, it will not be exhibited to the public, and such a sheet is opened only for the reference of the police officers in that police station," the court said.

It further referred to statement of concerned DCP filed in the present case which stated that when a person is found to have multiple serious criminal cases registered against him and is considered a habitual offender or a threat to public order, his name and photograph are entered in the rowdy list. The statement said that photographs are displayed within the police station premises in a secure area accessible only to police personnel, ensuring confidentiality and preventing public exposure.

The high court thereafter said:

"In the light of the same, it is clear that the photographs of the criminals are not displayed in the police station premises, which is accessible to the public. It will be kept in a secure area accessible only to the police personnel, ensuring confidentiality and preventing public exposure. Therefore, there is no infringement of the privacy of the criminals, and society should also know the same".

The court thereafter directed that the person's name be removed from the "surveillance list/Rowdy History sheet of criminals" kept in the concerned police station.

Case No: XXX v. City Police Commissioner, Kochi and Ors.

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