VED PRAKASH Vs. GOVERNOR, NCT

JUDGEMENT

(1.) BY these proceedings under Article 226 of the Constitution of India, the order of externment passed on 7.4.2004, by the 3rd respondent, under Section 47 of the Delhi Police Act, 1978 (hereinafter called "the Act") has been impugned. Further consequential reliefs claimed include quashing of the show -cause notice which led to the passing of the impugned order dated 7.8.03, and a supplementary show -cause notice dated 31.12.2003.

(2.) THE petitioner claims that his brother had made a report and serviced notice to the Station House Officer (SHO), Police Station, Trilok Puri, Pandav Nagar on 9.4.1995, under Section 80, Civil Procedure Code complaining of harassment. It is claimed that the petitioner was being harassed due to his brother's enmity with the police. The petitioner alleges that he was falsely implicated in a criminal case being FIR No. 4/1999 which led to the filing of Criminal Writ Petition No. 743/1999. That was disposed off by an order directing the DCP of Police to enquire into the petitioner's conduct within six weeks. The petitioner's brother one Shri Hans Raj also filed Crl. Writ Petition No. 867/2003 complaining that he was being falsely implicated in criminal case and, seeking sanction to prosecute the police. It is stated that after issuance of notice in that matter a status report was filed. The Court recorded that challans in FIR No. 265/2003 and FIR No. 232/2003 had been filed in Court and the petition was disposed of, In those proceedings, respondents were impleaded and the SHO of Police Station Pandav Nagar was made a party by name.

(3.) THE petitioner replied to the notice on 9.10.2003, denying the allegations. He denied involvement in any criminal activities and alleged that he had been falsely implicated in some criminal cases as his brother had filed proceedings against the respondents. The petitioner stated that as far as 10 FIRs were concerned, copies of the same had not been furnished and, therefore, he was unable to reply about each and every case. He, however, indicated that he had been acquitted in all cases registered against him except the case mentioned at SI. No. 10 namely, FIR No. 396/2001 which was pending trial in the Court. He further denied that he was dangerous and a desperate person and that witnesses were not willing to depose in public against him on account of apprehension to their safety. He asserted that he was a respectable person engaged in the business of sale of milk. He lastly alleged that the notice eliciting show -cause for externment was issued on account of petitions filed against police officers before the Delhi High Court. It was also alleged that sanction to prosecute the SHO of Police Station Pandav Nagar from the Lieutenant Governor of Delhi, had been sought for.