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Observing that it has limited powers when it comes to judicial review, the Delhi High Court Wednesday asked AAP MLA Amanatullah Khan whether he would prefer to approach police first with a representation against the opening of ‘history sheet’ against him in March. Khan has challenged the police action of declaring him a ‘bad character’.
Justice Sudhir Kumar Jain told Khan’s counsel that an alternate remedy is available under the rules and police can be asked to take a fresh decision in case he decides to make a representation. The court listed the matter for hearing Thursday to allow Khan’s counsel advocate M Sufian Siddiqui to seek instructions.
“Better option for you would be to file a detailed representation to the concerned authority. Being a judicial authority, I cannot take up the function of the administrative authority. My power of judicial review is very limited. I don’t know why every thing, every act of government is challenged under the garb of judicial review where the power as per the constitution is limited. I am concerned with the decision making process, not with the decision,” said the court.
SHO Jamia Nagar on March 28 had prepared a dossier recommending the opening of ‘history sheet’ against Khan and declaring him a ‘bad character’. The decision was later approved by the ACP (New Friends Colony) and DCP (Southeast) on March 29 and 30, respectively.
Siddiqui, representing Khan, said there has been a non-application of mind and malafide exercise of powers in the case. “It was approved on March 30. Why was it leaked on that particular day on May 13 when my bail application was listed? It was all over. Does it not warrant an inquiry? My fundamental rights have been infringed. It was supposed to be a confidential document,” he argued earlier.
Additional Solicitor General Sanjay Jain, representing police, earlier argued that due procedure has been followed in the case in accordance with the rules.
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