SURAJ KALA Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, petitioners seek a writ of certiorari or any other appropriate writ, order or direction quashing the order dated 12 July 1995 passed by the Deputy Commissioner of Police, New Delhi District (DCP) under Section 33 of the Delhi Police Act, 1978 (for short 'the Act').

(2.) . Before passing the impugned order the DCP came to the conclusion that there was a danger to human life, safety and grave disturbance of public tranquillity on a dispute/tension over shop bearing No. 65-B, Khan Market, New Delhi, which dispute was stated to be between the petitioners numbering three and respondents 2 and 3. Respondents 2 and 3 are respectively the son and daughter- in-law of the first petitioner, second petitioner is her son and third son-in-law (husband of her daughter). DCP, therefore, took possession of the shop premises and directed that the order shall come into force with immediate effect and shall remain in force till 11 September, 1995 or till such time the title to the aforesaid shop was decided by the competent authority, whichever was earlier. Section 33 of the Act is as under:-

(3.) In M/s. Shatabadi Finlease and Securities Ltd. v. The Government of the National Capital Territory of Delhi and Others, Civil Writ Petition No. 2699/95, decided on 7 August 1995, we have held that Section 33 of the Act could be invoked only in grave situations and was not ordinarily meant for situations arising out of local apprehended breaches of peace as in the present case. This Section gives drastic power to the D.C.P. not meant to exercise routinely but sparingly in order to prevent or suppress any riot or grave disturbance of peace.