ARUN KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner herein, Arun Kumar, filed the present petition from jail seeking quashing of the order passed under section 47 of the Delhi Police Act, 1978 (herein called the Act). I appointed Miss Anu Goswami, Advocate, as amicus curiae. At the outset I must record my appreciation for her hard work.

(2.) The petitioner was arrested on 15th January, 1985 for an offence under section 379, Indian Penal Code. It appears from the averments contained in the petition that he was convicted for that offence and sentenced to undergo rigorous imprisonment for nine months. That period of sentence is going to be over on 20th October, 1985.

(3.) While in custody the petitioner was served with a notice under section 47 of the Act on 16th January, 1985. The proceedings for externment of the petitioner are pending before the Deputy Commissioner of Police (North). The challenge in this petition is to the very initiation of the externment proceedings and to the issue of show cause notice as being violative of the provisions of the Act and also in violation of the fundamental rights guaranteed to the petitioner under the Constitution of India.