PARAMJEET Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Aggrieved by the order dated 1st April, 2016 passed by the Additional DCP directing externment of the petitioner from the territory of Delhi for a period of two years and the order dated 19th October, 2016 passed by the Lieutenant Governor dismissing the appeal filed by the petitioner, petitioner prefers the present petition.

(2.) On a proposal for externment received by the Additional DCP a show cause notice was issued by him to the petitioner on 22nd September, 2014 based on the cases registered against the petitioner and that the petitioner has been found habitually involved in cases of committing offences of voluntarily causing hurt, voluntarily causing hurt by dangerous weapons or means with common intention rioting, rioting armed with deadly weapon, voluntarily causing hurt in committing or attempting to commit robbery and/or such offence punishable under Chapter II, VIII, XVI and XVII of IPC. As per the notice the acts and movements of the petitioner caused alarm, danger and harm to the person and property and witnesses were not coming forward to depose against him in public due to apprehension on their part as regards the safety of their person and property.

(3.) On appearance the petitioner was informed of his right to legal aid, however, he did not choose to exercise the same and stated that he would engage his own counsel. Despite repeated adjournments, the petitioner was present without counsel and in the reply filed by the petitioner to the show cause notice under Section 50 of the Delhi Police Act, 1978 it was stated that there was no concrete evidence against him, the notice was issued in a mechanical manner and the allegations against him were wrong and denied. The Additional DCP examined the witnesses and the petitioner was given opportunity to cross-examine and lead defence evidence which the petitioner denied. Relying upon the material placed on record and the statements of the witnesses recorded in camera, the Additional DCP passed the order dated 1st April, 2016.