Once A Rowdy Need Not Always Be A Rowdy: Kerala High Court Directs Removal Of A Man's Name From Rowdy List

The Kerala High Court observed that it cannot be said that a criminal will always be a criminal and a rowdy will always be a rowdy. If the person is coming with a genuine claim that he is on the reformative pathway, the court cannot ignore the same.

The question before the High Court was: If a ‘rowdy cap’ is given to a person, should that cap continue until his death? The Petitioner prayed for removal of his photograph from the Fort Kochi Police Station, as he has not been involved in any criminal case for the last 8 years.

The Bench of Justice P.V Kunhikrishnan observed, “As I mentioned earlier, once a rowdy need not always be a rowdy. It is a fact that about 16 criminal cases are registered against the petitioner, and some of them are registered with serious offences. But, it is conceded by the prosecution that in almost all the cases, he is acquitted, except in one case in which the petitioner is the 8th accused. It is also an admitted fact that the petitioner is not an accused in any criminal case at Fort Kochi, where he is now residing. It is also an admitted fact that the last case registered against the petitioner was on 21.06.2017, and he was acquitted in that case on 26.10.2018. Thereafter, no case is registered against the petitioner in any of the police stations in the Ernakulam District. But he is under surveillance even now.”

Advocate Shabu Sreedharan represented the Petitioner, while Advocate P. Narayanan represented the Respondents.

Case Brief

It was the case of the Petitioner that his friends’ circle led him to get involved in several criminal cases. However, he has not been involved in any criminal case for the last 8 years. It was submitted that not even a single crime has been registered against the Petitioner in the Fort Kochi Police Station, within the jurisdiction of which he has been living throughout his life. Further, in almost all the pending criminal cases, he was acquitted.

However, despite the above circumstances, the photo with the name of the Petitioner in the rowdy list has been exhibited in the gallery of Fort Kochi Police Station, which causes mental agony and suffering not only to him but also to his family members. It will also have the effect of ruining the life and future of the Petitioner, including his marriage prospects.

Court’s Analysis

The Court discussed issues including “Once a rowdy, should be treated as a rowdy always?” and Whether the rowdy history sheet prepared is for familiarising police personnel to know the criminal background of such persons, or whether it should be exhibited in the police station, infringing the privacy of the person?

The Bench described the term “Rowdy” as behaviour that is rough, noisy, and often violent or disruptive.

The Kerala High Court emphasised that an environment in which society continues to blame criminals simply because of their past history should be avoided. A person is not born as a criminal. Society and all of us create criminals because of certain situations which should be avoided. Therefore, every citizen has a duty to see that the criminals are going on a reformatory pathway.

“Our criminal justice delivery system is not punitive alone, but reformation is the main goal in Indian because of his circumstances in life. Economic factors are also a reason for creating criminals in society. Economic hardship can drive individuals to crime as a means of survival. Limited access to quality education can hinder opportunities and increase the likelihood of criminal behaviour. Joblessness can lead to desperation and increase the risk of involvement in criminal activities… By addressing these underlying factors, are important. By addressing these underlying factors, society can work towards reducing crime rates and promoting a safer, more supportive environment for all, including the criminals.”, the Court observed.

In the light of the above, the Court held that an opportunity should be given to the Petitioner to reform himself as for the last 8 years, the Petitioner has not been involved in any criminal offences.

Furthermore, the Court also observed that the photographs of the criminals are not to be 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 directed for the removal of the Petitioner’s name and photograph from the rowdy List of criminals kept in Kochi Fort Police Station.

Accordingly, the Writ Petition was allowed.

Cause Title: Nixon V. The City Police Commissioner ( Neutral Citation: 2025:KER:46085)

Appearance:

Petitioner: Advocate Shabu Sreedharan

Respondents: Advocates P. Narayanan and Sajju. S

Click here to read/download Judgment.