KULDEEP KUMAR Vs. LT.GOVERNOR OF DELHI

JUDGEMENT

(1.) BY the present petition, petitioner prays for issuance of a writ of certiorari quashing the order dated 24.7.2013 passed by respondent no.1 and order dated 27.6.2013 passed by respondent no.2.

(2.) THE order of externment dated 27.6.2013 passed by the Additional Deputy Commissioner of Police, North East District, Delhi for removal / externment of the petitioner beyond the limits of NCT of Delhi for a period of one year w.e.f. 4.7.2013 and the subsequent order passed in appeal dated 24.7.2013 confirming the order dated 27.6.2013 are the subject to challenge in the present writ petition.

(3.) COUNSEL further submits that at the time when the notice was issued the petitioner was in jail and continued to remain in Jail from June, 2009 upto December, 2012. The mere fact that the petitioner was in jail when the notice was issued and the order was passed by itself would show that the respondents have violated section 47 of the Delhi Police Act, as per which the movements or acts of any person are causing or are calculated to cause any danger or harm to person or property and also there have been reasonable grounds for believing that the person is engaged or is about to be engaged in the commission of offence involving force or violence. Counsel for the petitioner submits that since the petitioner was in jail there could not have been any reason for the respondent to reach at such a conclusion.