CHAMAN LAL Vs. STATE

JUDGEMENT

(1.) The petitioner is a permanent resident of Mahrauli. He has been earning his livelihood as a vendor of cold drinks etc. during summer and groundnut etc. in winter. He used to set up his stall on a rehri near the main gate of Qutab Minar at Mahraiili on the space belonging to Municipal Corporation of Delhi (for short the M.G.D.) He is now facing trial in five cases under Delhi Police Act as detailed below ?

(2.) The S. H. O, P.S. Mehrauli, filed five separate Kalandrus (complaints) against the petitioner in the Court of a Metropolitan Magistrate and the petitioner has been summoned to stand trial. The substance of the accusation in all the five cases is essentially the same, viz., that the petitioner had set up his stall for selling cold drinks etc. and kept his wooden crates etc. on the thorough-fare in front of the main gate of Qutab Minar and that he was eliciting custom by shouting loudly which caused an obstruction to the passers-by and members of the public. He was advised on all the above- mentioned occasions by the police official concerned to desist from doing so but in vain. Thereupon, his vendibles and other goods were seized by the police and he was arrested under Sections 83, 93 and 97 of the Delhi Police Act. In a couple of cases there is further allegation against him that he was quarrelling with another vendor of cold drinks by the name of Suresh and both of them were not only shouting loudly but they were also exchanging filthy abuses during the course of altercation which was resented by the passers by and the women-folk who happened to pass by were incansed. They were advised to desist from misbehaving but in vain.

(3.) The contention of the petitioner is that he had been selling soft drinks and groundnuts etc. for the last 20 years at the same site and he had been requesting the M.C.D. for grant of a licence for parking his rehri at the aforesaid place. Consequently, the Chairman, Zonal Area Committee, New Delhi South Zone, M.G.D., granted permission on 12th January, 1978, temporarily till some permanent arrangement was made and he was allotted a permanent site for a stall. The Chairman of the Zonal Area Committee in a letter dated 12thJanuary, 1978, even directed the employees of the MCD not to disturb him. It seems to have had a salutary effect, in that the employees of the MCD did not object to the petitioner's carrying on his trade at that place. It is the further case of the petitioner that the S.H.O., P.S. Mehrauli respondent No. 3 herein had demanded illegal gratification from the petitioner at the rate of Rs. 15.00 per day for parking his rehri at the said place. He did so through his subordinates but the petitioner refused to pay illegal gratification to the S.H.O./police officials and, therefore, the police had been involving him in similar cases from time to time. He has specifically adverted to five cases of 1979 in which he was sought to be prosecuted under Section 83 read with Section 97, Delhi Police Act but he was discharged in all those cases by the Metropolitan Magistrate with the observation, "no case is made out". Thus, an allegation of malafides has been levelled against the police officials concerned and it is pointed out that the other vendors of cold drinks etc. had also been parking their rehris near the rehri of the petitioner and he has placed a couple of photographs to substantiate this allegation.