The discretionary nature of the writ jurisdiction under Article 226 and the exceptions to the rule of alternate remedy.

JUDGMENT (Oral)

1. The present petition is filed under Article 226 of the Constitution read with section 482 Cr.P.C. for issuance of writ/direction for quashing of the Externment Order dated 14.07.2023 passed by the respondent no. 2 under section 47 of the Delhi Police Act, 1978 in case bearing no. 2831-2855/Ext. Cell/DWD, New Delhi. The petitioner prayed as under:

i) Allow the writ petition under Article 226 of the Constitution of India and quash the order of externment of respondent No.2, passed U/s 47 DP Act, 1978; quash order No. 2831-2855, Ext. Cell/DWD, New Delhi dated 14.7.2023, passed by respondent No.2.

ii) Issue a Writ/Order/direction in the for quashing the externment order against the petitioner.

iii) Pass such other or further writ/order/direction, which this hon'ble court may deems fit and proper in the facts and circumstances of the case.

2. Issue notice.

3. Ms. Nandita Rao, Additional Standing Counsel assisted by SI Rakesh Kumar, P.S. Dabri accepts notice on behalf of the respondent no. 1/State.

4. The petitioner was ordered to be externed by the Court of Additional Deputy Commissioner of Police, Dwarka, New Delhi vide the impugned order dated 14.07.2023 on the basis of the facts as stated/mentioned in the Externment Order dated 14.07.2023. The relevant part of the Externment Order dated 14.07.2023 reads as under:

Keeping in view the evidence brought on file i.e. notice, record of his criminal activities, statements of prosecution witnesses and other evidence adduced during the course of proceedings. Further, respondent did not desist him from criminal activities. It shows that he is desperate to crime. I have no hesitation in concluding that he is a criminal who is not likely to reform his way of life till stringent measures are taken, as his acts in the area of NCT of Delhi are calculated to cause harm, danger and alarm to the respectable citizens. His activities are adversely affecting the general well being and health of the law-abiding citizens in the area of NCT of Delhi, and they feel insecure. Moreover, unless he is weaned of his present company, he is not likely to reform himself and start a normal life. His continuous presence in the area leads to alarm and apprehension in the mind of law-abiding citizens of the area who have a right to peaceful life. I am of the view that this case is well within the scope of section 47 of The Delhi Police Act and he is a fit person to be Externed from the limits of N.C.T of Delhi.

Now, therefore, in exercise of the powers vested upon me under section 47/50 D.P. Act 1978 and conferred on me by the order of Commissioner of Police, Delhi under section 8 (ii) of the said act, I, Surendra Choudhary, Addl. Dy. Commissioner of Police, Dwarka, District, New Delhi do hereby order that Dhiraj s/o Gopi Chand r/o E-2/100, Chankya Place, Part-I, Uttam Nagar, New Delhi, shall remove himself beyond the limits of N.C.T of Delhi, shall remove himself beyond the limits of N.C.T of Delhi for a period of 01 year within seven days from the date of this order. The respondent is further directed not to enter or return to the area of N.C.T of Delhi within the said period without written permission of the competent authority. He is however, permitted to attend the Courts at Delhi/New Delhi on all dates of hearing and shall immediately thereafter remove himself outside the limits of N.C.T of Delhi and shall not visit any place except the Court premises. This relaxation is only for the date of hearing for coming to the Court and going out of the limits of NCT of Delhi. The contents of the order have been explained to him in vernacular in the open Court and a copy of the order has been delivered to him against his proper receipt. Order announced in the open Court in the presence of respondent. Respondent is informed of his right to appeal against this order. File be consigned to record.

5. The Additional Standing Counsel appearing on behalf of the respondent no. 1/State stated that the appropr