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  • The Andhra Pradesh High Court declared in a significant decision that the opening of "rowdy" sheets to label people as "rowdies," the collection and display of their photos, home visits, and summoning to the police station in accordance with the current Police Standing Orders constitute a "direct infringement of the right to privacy." 
  • The Court determined that the Police Standing Orders do not constitute "law" within the sense of Article 21 and that the police are not permitted to gather personal information about people or make house calls without a court order.
  • A group of writ petitions filed by individuals who questioned the police's opening and maintenance of riot sheets against them were granted by the bench. 
  • The Supreme Court ordered the closure of all noisy sheets after noting that privacy has been deemed a basic right under Article 21 of the Constitution by a 9-judge panel in the KS Puttaswamy case and that the stated right may only be restrained in line with "law." 
  • The Police Standing Orders cannot be referred to as "law" because they are only departmental directives without any statutory support, according to the petitioners' contention, which was agreed by the court.
  • Standing Orders breach privacy and are not permitted while collecting personal data. 
  • It is also made clear that the summoning to the station, intrusive surveillance, display of photographs, etc., will constitute a violation of the Fundamental Right to privacy in light of the Hon'ble Supreme Court of India's authoritative rulings concluding with the case of K.S. Puttaswamy case and the fact that the Police Standing Orders are not law and do not meet the strict standards prescribed. 
  • It is obvious that the Manual is merely a guide and process for all police personnel and is not a "law" or "police standing order."
  • The state should pass a surveillance statute. The Court acknowledged the compelling State interest in monitoring habitual offenders in order to reduce crime at the same time. 
  • However, it is illegal to conduct surveillance without a court order. As a result, the Court suggested that legislation be written to gather intelligence to stop crimes. 
  • The Court also stated that Chapter VIII of the Code of Criminal Procedure's rules about obtaining security from repeat offenders in exchange for maintaining order and good behaviour could be used. 
  • The Court further stated that the recently passed Criminal Procedure (Identification) Act 2022 contains the answer.
     
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