ASLAM Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned notice dated 8th May 1981 issued by Additional Deputy Commissioner of Police (Central), respondent No. 2, herein, to show-cause why the petitioner be not externed from the limits of the Union Territory of Delhi. The said notice purports to have been issued under Section 50 read with Section 47 of the Delhi Police Act (hereinafter referred to as "the Act").

(2.) . The allegations levelled against the petitioner in the said notice are as under:

(3.) . The contention of the petitioner it that he is engaged in the lawful business of old clothes in wholesale at Jama Masjid and he is a permanent resident of the locality. However, he incurred the wrath of local police due to which he was constrained to make a complaint against Shri H. L. Kapoor, at one time Station House Officer and now Assistant Commissioner of Police, in the court of the Illaqa Magistrate. He had also made allegations in the said complaint against several other subordinate police officials of the police station but he could not pursue the complaint due to certain limitations. Thus, according to him, the proceeding for his externment from the Union Territory of Delhi has been initiated by respondent No. 2 malafide and is motivated. On merits, he has contended that he has never been convicted of any offence whatsoever and whatever criminal cases were falsely instituted against him culminated either in his discharge or acquittal. Further, according to him, the allegations made against him in the impugned notice are either stale or totally irrelevant and are not based on any substantive evidence/material.