NEW DELHI: The Delhi High Court has directed the city government’s Principal Secretary (Home) to address concerns raised in a Public Interest Litigation (PIL) challenging the legality of Column 12 in police chargesheets.
The PIL, filed by Jamshed Ansari, an Assistant Public Prosecutor with the Directorate of Prosecution in Delhi, asserted that Column 12, which lists persons as ‘suspects,’ violates statutory provisions and fundamental rights.
The division bench, comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, ordered the Principal Secretary to respond to Ansari’s representation.
Ansari’s plea, represented by advocates Mahmood Pracha and Santosh Guleria, argues that the term “suspect” unfairly stigmatises individuals who have no incriminating evidence against them.
The petition claimed that this practice breaches Section 173(2) of the Code of Criminal Procedure (CrPC) and Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, as well as the principles established by constitutional courts. The chargesheet format includes 18 columns, with Column 11 listing individuals formally accused of crimes, and Column 12 detailing those not charged but suspected.
Ansari contended that Column 12 enables unchecked discretion by investigating officers, which could lead to favouritism, corruption, and violations of privacy and dignity. “Column 12 of chargesheets cannot overshadow the criminal justice system by way of colourable legislation,” said Andy Sehgal, Public Prosecutor at Delhi Police Academy.