The High Court of Karnataka has said that the police cannot orally summon persons whose names are entered in rowdy and history registers to stations when they are not accused in any offence, till the State government evolves a procedure as per law for summoning such persons.
However, taking note that there are about 6,500 persons whose names are in the history sheet, the court made it clear that in case a rowdy-sheeter is accused of committing any offence then the procedure prescribed under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) can be invoked to secure them for investigation as BNSS empowers the police to summon an accused.
Petition by Silent Sunil
Justice R. Nataraj passed the order while partly allowing a petition filed in 2019 by Sunil Kumar alias Silent Sunil, 38, who had questioned the legality of the action of the police in frequently summoning him, making him wait unnecessarily in the police station from morning to evening in the guise of knowing his activities, parading him, along with other persons whose names are in the history sheet, before the media, etc.
Also, the court directed the police to send text message, either through short messaging service (SMS) or WhatsApp to Sunil, whose name is in the history sheet of Subramanya Nagar, Yelahanka New Town, Rajajinagar, and Amruthahalli police stations, to summon him for obtaining any information about his activities.
