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HIGH COURT OF DELHI
MR. JUSTICE ANOOP KUMAR MENDIRATTA, J
MS. MONIKA – Appellant
Versus
STATE NCT OF DELHI AND ORS – Respondent
ORDER :
1. Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of petitioner for quashing of impugned order dated 27.02.2024 passed by respondent No.2-Additional Deputy Commissioner of Police-I, South West District whereby externment order was passed against the petitioner for a period of two years, and order dated 10.04.2024 passed by learned Appellate Authority, i.e. Hon’ble Lieutenant Governor, NCT of Delhi, whereby externment period was reduced from two years to one year.
2. In brief, externment proceedings against the petitioner were initiated by respondent No.2 by issuing of show-cause notice under Section 47 read with Section 50 of the Delhi Police Act, 1978 (hereinafter, referred to as the "D.P. Act") on 20.10.2020, on the basis of her involvement in three FIRs under Delhi Excise Act as under:
| S. No. | FIR No. | Date | Section of law | Police Station | Present Status |
| 1 | 58/18 | 16.03.2018 | 33 Delhi Excise Act | Sagarpur | Pending trial |
| 2 | 74/19 | 24.01.2019 | 33 Delhi Excise Act | Sagarpur | Pending trial |
| 3 | 152/20 | 20.03.2020 | 33 Delhi Excise Act | Sagarpur | Pending trial |
The activities of the petitioner were further stat
Externment orders under the Delhi Police Act can be justified based on habitual criminal behavior posing a danger to society, even if FIRs are not within a year of the order.
The court upheld preventive externment orders despite lack of convictions, emphasizing the necessity to protect public safety based on credible grounds.
Externment orders under the Maharashtra Police Act must be supported by objective evidence and cannot infringe upon the fundamental right to free movement without justifiable grounds.
An externment order under the Maharashtra Police Act must be based on objective material demonstrating a live link between past actions and current threats, with proper verification of witness statem....
The court highlighted the importance of objective material for recording subjective satisfaction to pass an order of externment, the need for compliance with principles of natural justice, and the ne....
Externment orders must demonstrate a clear live-link between recent activities and the necessity for such measures.
Externment orders must be based on objective material and specific reasons; failure to consider bail status and due process renders such orders invalid.
The main legal point established in the judgment is that an externment order must be based on subjective satisfaction arrived at on the basis of objective material, and strict compliance with the leg....
If old offences are pending against the petitioner and in case, the live link is not established between the initiation of externment proceedings and said pending old offences, in that case, the orde....
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