High Court Of Delhi
SHAILENDER KAUR - Appellant
Versus
LIEUTENANT GOVERNOR DELHI - Respondent
CRIMINAL APPEAL 1041 of 2000
Decided On : 04/27/2001
Delhi Police Act - Extentment Order - Section 47
Fact of the Case:
The petitioner was ordered to remove herself from the National Capital Territory of Delhi for two years under Section 47 of the Delhi Police Act due to her involvement in criminal cases. The petitioner challenged the order, claiming innocence and citing non-consideration of evidence and circulars.
Finding of the Court:
The court found that the extemment order was based on 16 criminal cases, including those under the Punjab Excise Act, and upheld by the Lt. Governor. However, it ruled that the orders were violative of Section 50 of the Act due to non-consideration of all cases and lack of notice to the petitioner.
Issues: Validity of extemment order under Section 47, non-consideration of evidence and circulars, and compliance with Section 50 notice requirements.
Ratio Decidendi: The extemment order must consider all relevant evidence and comply with notice requirements under Section 50. Administrative circulars do not override statutory powers.
Final Decision: The appeal was allowed, and the extemment order and the Lt. Governor's decision were quashed.
( 1 ) CHALLENGE in this petition is made to an order of the lt. Governor of Delhi dated 20. 9. 2000 by which he has dismissed the appeal filed by the petitioner under Section 51 of the Delhi Police Act (The Act) against an order of the Additional Deputy Commissioner of Police (East District) dated 23. 6. 2000. By the order impugned in the appeal the Addl. DCP (East Distt.) in exercise of the powers vested in the Commissioner of Police by Section 47 of the Act has directed the petitioner to remove herself from the limits of National Capital Territory of Delhi for a period of two years and has imposed certain other conditions for her entry into delhi for attending Court cases.
( 2 ) THE petitioner is residing in East Distt. The Addl. DCP (East Distt.) called upon hereto explain as to why an order of her extemment from Delhi be not passed under Section 47 of the Act. The imputations made against the petitioner were mentioned in the show cause notice issued in accordance with Section 50 of the Act. The show cause notice is extracted as under:
"to, ant. Shailender Kaur w/o Shri Dharmender Kumar r/o 28/11, Gali No. 14, vishwas Nagar, Delhi. Under Section 50 of the Delhi Police Act, 1978 you are hereby informed that - the following allegations have been made against you in the proceeding instituted against you under Section 47, D. P. Act, 1978. In order to give you an opportunity to sending your explanations about the said allegations, I have fixed at on to receive your explanations and to hear you and your witnesses if any, in regard to said allegations. I, P. K. Bhardwaj, Additional Deputy Commissioner of Police, East District therefore, direct you to appear before me in my office situated at near Peela mandir- Opposite Swam Cinema, Vishwas Nagar, Delhi to furnish a bond in sum of Rs. 5,000/- with one surety in the like amount for attendance during the proceedings. In case you fail to appear before me and furnish a bond of surety as directed the undersigned will proceed in accordance with the provisions of Section 50 of the Act. ALLEGATIONS; that you are engaged in the commission of crime, involving force or offences punishable under Local and Spl. Law Cases as apparent from the following cases in which you were involved : s. No. FIR Dated Under Section Police Station no. 1. 129 11. 4. 1995 61/i/14/ex. Act Vivekvihar 2. 353 15. 10. 1995 -do- -do- 3. 408 26. 11. 1995.-do- -do- 4. 163 2. 4. 1996 -do- -do- 5. 411 14. 11. 1996 -do- -do- that your movements and acts are causing and calculated to cause alarm, danger and harm to the person or property. There are reasonable grounds, for believing that you engaged or likely to engage in the commission of offence punishable under Local and Spl. Law Cases. You are so desperate and dangerous as to render you being at large in Delhi or in any part thereof is hazardous to the community. That the witnesses are not willing to come forward to give evidence in public against you by reasons of apprehension on their part as regards the safety of their person or property. There are reasonable grounds that you are likely to engage yourself in the commission of offence like these mentioned in para (i) above. You are hereby called upon to explain as to why an order for extemment out of the like limits of the National Capital Territory of Delhi for a period of two years in accordance with the provisions of 47, D. P. Act be not passed against you. "
( 3 ) THE petitioner did not file reply to the notice. The Addl. DCP (East Distt.) considered the material facts and the evidence against the petitioner including two witnesses examined by her and by order dated 23. 6. 2000 he passed the order of her extemment from the NCT of Delhi for two years. The petitioner challenged this order in appeal before the Lt. Governor who had dismissed it by order dated 20. 9. 2000 and has confirmed the order. The petitioner has felt aggrieved by these orders and has preferred this writ petition.
( 4 ) THE case of t
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