JUDGEMENT
G.S.SISTANI, J. -
(1.)BY the present petition, petitioner prays for issuance of a writ of certiorari quashing the order dated 24.7.2013 passed by respondent no.1 and order
dated 27.6.2013 passed by respondent no.2.
(2.)THE order of externment dated 27.6.2013 passed by the Additional Deputy Commissioner of Police, North East District, Delhi for removal /
externment of the petitioner beyond the limits of NCT of Delhi for a
period of one year w.e.f. 4.7.2013 and the subsequent order passed in
appeal dated 24.7.2013 confirming the order dated 27.6.2013 are the
subject to challenge in the present writ petition.
Counsel for the petitioner submits that the impugned order is bad in law and suffers from serious error apparent on the face of the record. It is
submitted that the order shows complete non -application of mind
inasmuch as the order gives reference to 11 cases pending against the
petitioner at the time when the order of externment was passed, whereas
on the date of the order the petitioner stood acquitted in 10 cases and
convicted in one matter.
(3.)COUNSEL further submits that at the time when the notice was issued the petitioner was in jail and continued to remain in Jail from June, 2009 upto
December, 2012. The mere fact that the petitioner was in jail when the
notice was issued and the order was passed by itself would show that the
respondents have violated section 47 of the Delhi Police Act, as per which
the movements or acts of any person are causing or are calculated to cause
any danger or harm to person or property and also there have been
reasonable grounds for believing that the person is engaged or is about to
be engaged in the commission of offence involving force or violence.
Counsel for the petitioner submits that since the petitioner was in jail there
could not have been any reason for the respondent to reach at such a
conclusion.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.