ISHAQ SHAH Vs. STATE

JUDGEMENT

(1.) By way of this petition the petitioner, Ishaq Shah, seeks quashing the order dated 13/11/2000 passed by the Additional DCP, South District, thereby directing extement of the petitioner for a period of one year from Delhi within seven days. The petitioner has also challenged the order of the Lt. Governor dated 17/01/2001 by which the order of the Additional DCP was confirmed.

(2.) . A proposal was sent for externment of the petitioner to the Additional DCP, South Distt. Delhi on the basis of involvement of the petitioner in the criminal cases. The petitioner was found guilty in motor vehicle theft cases and receiver of stolen property. The proposal was considered by the Additional DCP (South) and on the material produced before him proceedings were initiated under Section 50 of the Delhi Police Act. On 1/06/1999 a notice has been served on the petitioner. The contents of the notice were explained and read over to him. In the aforesaid notice which was issued under Section 50 of the Delhi Police Act, it is alleged that there were reasonable grounds for believing that the petitioner was engaged in the commission of offence punishable under Chapter XII of IPC. The movements and acts of the petitioner were causing alarm, danger and harm to the persons and property in the N.C.T. of Delhi and his presence in Delhi or any part thereof was hazardous to the community. It is further alleged that witnesses were not coming forward to depose against the petitioner in public due to fear of their person and property.

(3.) . The petitioner filed a reply to the show cause notice and contended that he had been discharged in one case of theft and the other two cases were pending investigation in the Police Station, Kalkaji. Instead of completing the investigation and filing challan the proceedings for externment were initiated. There was no material before the police to warrant an order of externment. He further stated that he was not involved in any criminal activities and was implicated by the police.