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IN THE HIGH COURT OF DELHI AT NEW DELHI
ASHUTOSH KUMAR, J.
Vimla - Petitioner
Versus
State (Govt. Of Nct Of Delhi) - Respondent
W.P(CRL) 3245 of 2016
Decided on : 31-05-2017
Delhi Police Act - Externment - Section 47 - 48, 50, 52 - The court discussed the provisions of Sections 47, 48, 50, and 52 of the Delhi Police Act, 1978, which allow for the removal of persons about to commit offenses and the finality of orders in certain cases. The court highlighted the requirements for externment and the limitations on judicial review in such matters. The court found that the orders impugned suffered from non-application of mind with respect to relevant considerations and lacked sufficient reason to believe that the petitioner's presence in NCT or any part thereof would be hazardous to the community.
Fact of the Case:
The petitioner was externed from the limits of NCT of Delhi for a period of two years based on an externment proposal listing 32 cases lodged against her. The petitioner denied the allegations, citing acquittals in most cases and claiming false implication due to personal disputes. The petitioner was found to be involved in two other cases during the externment proceedings.
Finding of the Court:
The court found that the orders impugned suffered from non-application of mind with respect to relevant considerations and lacked sufficient reason to believe that the petitioner's presence in NCT or any part thereof would be hazardous to the community.
Issues: The issues included the validity of the externment orders, the consideration of the petitioner's defense, and the violation of the petitioner's rights under Articles 14, 19, and 21 of the Constitution of India.
Ratio Decidendi: The court emphasized the requirements for externment under the Delhi Police Act and the limitations on judicial review in such matters. It also highlighted the need for informed decisions and the test of reasonableness in administrative orders.
Final Decision: The court held that the externment and the appellate orders could not be sustained in the eyes of the law and disposed of the petition accordingly.
ASHUTOSH KUMAR, J.
1. Vimla, the petitioner, has impugned orders dated 19.05.2016 and 10.08.2016 passed by the Additional Deputy Commissioner of Police, East District: Delhi, passed in File No.11/2015 and the Lieutenant Governor in Case No.81/2016, respectively whereby she has been externed from the limits of NCT of Delhi for a period of two years and which order passed by the Additional Deputy Commissioner of Police has been affirmed and upheld by the Lieutenant Governor of Delhi.
2. An externment proposal under Section 47 of the Delhi Police Act, 1978 was forwarded against the petitioner, listing 32 cases lodged against her. The table of cases is being reproduced below:
S. No. FIR No. Date Under Section Police Station Present Position
1 247 16.09.1993 61/1/14 Excise Act Anand Vihar Conviction
2 376 05.10.1999 61/1/14 Excise Act Anand Vihar Acquittal
3 463 14.12.1999 61/1/14 Excise Act Anand Vihar Acquittal
4 196 22.06.2000 61/1/14 Excise Act Anand Vihar Acquittal
5 07 04.01.2001 61/1/14 Excise Act Anand Vihar Acquittal
6 366 16.10.2001 61/1/14 Excise Act Anand Vihar Acquittal
7 83 03.04.2002 61/1/14 Excise Act Anand Vihar Acquittal
8 127 29.04.2002 61/1/14 Excise Act Anand Vihar Acquittal
9 175 25.06.2002 61/1/14 Excise Act Anand Vihar Acquittal
10 387 02.12.2002 61/1/14 Excise Act Anand Vihar Acquittal
11 173 13.05.2003 61/1/14 Excise Act Anand Vihar Acquittal
12 334 28.08.2003 61/1/14 Excise Act Anand Vihar Acquittal
13 77 29.02.2004 61/1/14 Excise Act Anand Vihar Acquittal
14 166 21.04.2004 61/1/14 Excise Act Anand Vihar Acquittal
15 584 26.10.2004 61/1/14 Excise Act Anand Vihar Acquittal
16 603 02.11.2004 61/1/14 Excise Act Anand Vihar Acquittal
17 607 03.11.2004 61/1/14 Excise Act Anand Vihar Acquittal
18 665 29.11.2004 61/1/14 Excise Act Anand Vihar Acquittal
19 457 15.08.2005 61/1/14 Excise Act Anand Vihar Acquittal
20 562 19.10.2005 61/1/14 Excise Act Anand Vihar Acquittal
21 590 04.11.2005 61/1/14 Excise Act Anand Vihar Acquittal
22 141 11.03.2006 61/1/14 Excise Act Anand Vihar Acquittal
23 172 23.03.2006 61/1/14 Excise Act Anand Vihar Acquittal
24 529 08.10.2006 61/1/14 Excise Act Anand Vihar Acquittal
25 114 03.03.2007 61/1/14 Excise Act Anand Vihar Acquittal
26 202 15.04.2007 61/1/14 Excise Act Anand Vihar Acquittal
27 602 28.11.2008 61/1/14 Excise Act Anand Vihar Acquittal
28 78 23.02.2009 61/1/14 Excise Act Anand Vihar Acquittal
29 124 21.03.2009 61/1/14 Excise Act Anand Vihar Pending Trial
30 28 09.01.2014 61/1/14 Excise Act Farsh Bazar Pending Trial
31 333 25.04.2014 61/1/14 Excise Act Farsh Bazar Pending Trial
32 72 26.01.2015 61/1/14 Excise Act Farsh Bazar Pending Trial
3. The Additional Deputy Commissioner of Police, on perusal of the proposal and the materials on record, initiated the externment proceedings against the petitioner as the materials disclosed that the movements and acts of the petitioner were calculated to cause alarm, danger and harm to persons and property and her presence in Delhi or in part thereof would be hazardous to the community. It was also found that the witnesses are not willing to give evidence in public against the petitioner due to apprehension of backlash.
4. The petitioner in response to the notice, which was explained to her, denied the allegations and submitted that in almost all the cases listed in the proposal, she has been acquitted. It was further indicated by the petitioner that majority of the cases, which have been listed in the present proposal, were used as evidence of her criminal propensity for seeking her externment twice earlier. The petitioner is stated to be 60 years of age and suffering from various diseases. It was further submitted that she maintained her children by running a small grocery shop and all the cases which were lodged against her in the past were at the behest of her neighbour, one Kamaljeet who had attempted to molest her daughter for which she has filed a case. Even the sons of her neighbour, are now harassing her.
5. Inspector Harish, SHO, Farsh Bazar, Delhi was exam
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