MOHAMMAD AFZAL Vs. STATE

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution of India the petitioner prays for quashing of externment order dated 28/07/2000 passed by the Additional Deputy Commissioner of Police, North East District under Sections 47/50 of the Delhi Police Act, 1978 (hereinafter referred to as 'the Act') thereby directing the petitioner to remove himself beyond the limits of National Capital Territory of Delhi for a period of two years with effect from 5/08/2000.

(2.) Externment proceedings under Section 47 of the Act were initially commenced against the petitioner with a notice dated 15-2-1994 issued under Section 50 of the Act. However, before the notice could be acted upon and the proceedings could be taken to logical conclusion the petitioner was arrested and remanded to judicial custody in several cases and remained confined in jail. Consequently upon his acquittal in the criminal cases and on his release the proceedings were revived and three supplementary notices dated 26/10/1999, 2/6/2000 and 24/6/2000 in continuation of the previous notice were issued to the petitioner stating therein that beside the five cases mentioned in the notice dated 15/2/1994, he involved himself in the following cases:-

(3.) The petitioner was called upon to furnish his reply which he did and on a consideration of the same and after hearing the petitioner, the Competent Authority i.e. Additional Deputy Commissioner of Police passed the order dated 28/7/2000 which inter alia contained the following observations, findings and directions:-