Law: Punjab Police Rules, 1934

Section: R. 23.9(2)

(a) Appeal to Supreme Court  Grounds-Additional ground sought to be added-Allowed to be taken where no prejudice thereby caused to other party. (b) Punjab Police Rules, 1934 R. 23.9(2) - Opening of history-sheet - Show-cause notice to person concerned necessary-Order passed without show-cause notice-Illegal. Whenever a history-sheet is opened under rule 23.9 of the Punjab Police Rules on the ground that the person concerned is reasonably believed to be habitually addicted to crime or to be an aider or abettor of (other criminals, an opportunity of showing cause against the opening of the history-sheet must be given to the person. [p. 34]B Under the Constitution of 1962, taking of any action detrimental to the life, liberty, body and reputation of any person except in accordance with law is forbidden. There is a constitutional guarantee for the protection of a person's reputation. "The rule of natural justice is to be presumed to be grafted into every law. According to this rule, no action affecting the reputation of any person can be taken unless he has been given an opportunity of showing cause against the action proposed to be taken". Where, therefore no show-cause notice was issued to the person con cerned, the order passed by the authority for opening of history-sheet of the person was held to be illegal. [p. 34]C Government of West Pakistan and others v. Mohammad Akhtar Mir P L D 1971 S C 55 rel. (c) Punjab Police Rules, 1934 R. 23.9(2) - Phrase "person . . . . . who is reasonably believed to be, habitually addicted to crime"-Interpretation-Reasonable belief that person was habitually addicted to crime-Justiciable issue-Court can go into question whether materials placed on record create a reasonable belief-History-sheet could not be opened against person on strength of alleged commission of offences-Person formerly involved in two criminal cases but honourably acquitted in both-Not a "person habitually addicted to crime". The question whether the facts on which the police relied for opening the history-sheet were sufficient for creating a reasonable belief that a person was habitually addicted to crime is justiciable…