New Delhi, Aug 31 (PTI) Delhi Police on Wednesday opposed before the Delhi High Court a plea by Aam Aadmi Party MLA Amanatullah Khan challenging the agency’s decision declaring him as a “bad character.” Delhi Police said that approval for the declaration was given by the authority concerned as per due procedure and on the basis of a careful review of the material available.
Additional Solicitor General Sanjay Jain, appearing for the Delhi Police, submitted that reasons have been recorded by the approving authority, which is confidential in nature and cannot be shared with the petitioner.
The law officer further emphasised that the scope of the court’s interference in such cases was limited and the petitioner can make a representation to the authorities concerned for the redressal of his grievances.
“There is a file in which the DCP examines and records his/her approval. That the court will find in the papers that I have given. It is not for him. The rules do not provide (for it),” the senior lawyer submitted before Justice Sudhir Kumar Jain.
“Record of such reasons shall be treated as confidential and such persons concerned shall not be entitled to a copy. So far as he is concerned, he is not entitled to a copy of this. Wherever a decision-making process is challenged, the decision is something that is not for judicial review. It is the decision-making process which is for judicial review (on certain parameters),” he added.
The judge stated that in cases such as the present one, the scope of scrutiny by the court is limited as it is only directed towards the decision-making process and not the decision itself and asked the counsel for the petitioner to take instructions on filing a “proper representation” and then file a fresh petition if the grievance still survives.
The court also questioned why the file recording reason of the approving authority was kept confidential under the applicable rules while remarking that there may be some justified reasons for the same.
“Why is this file kept confidential? They may be having some justified reasons… What is important about this file? There is nothing important in this file. I will not ask anybody to breach the standard of confidentiality. Everybody is working under an administrative and official compulsion,” the judge said.
While listing the case for further consideration on Thursday, the court also clarified that it was limiting the scope of the petition to the legality of sanction behind the decision and not departmental action against errant officials for the alleged leak of the proposal.
“You may take instructions from your client if he is ready to give a proper representation… I will make it a time-bound programme. 15 days, 20 days. It can be decided, it shall be communicated to you and liberty to you to file a fresh petition if you still have any grievance,” the court said.
Lawyer M Sufian Siddiqu, appearing for Khan, said that declaration is based on non-application of mind by the approving authority and a malafide exercise of power.
He said that a legal notice was sent to the department concerning the declaration but no response was received.
The lawyer also accused the police of selectively leaking information against him and said the allegations which form the fulcrum for granting approval against him cannot be substantiated and there is no “proximate cause” for the declaration as well.
Delhi Police had declared Aam Aadmi Party MLA Amanatullah Khan as a “bad character” earlier this year, according to an official document.
The proposal for declaring Khan as a “bad character” was sent on March 28 by the Jamia Nagar police station in the Southeast district and approved on March 30.
A total of 18 FIRs have been registered against him, the document had stated.
According to the police, a person who has involvement in several cases, including that of murder and attempt to murder, and can disturb peace in an area is declared as a “bad character”. PTI ADS RKS RKS
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