HARI RAM Vs. COMMISSIONER OF POLICE DELHI

JUDGEMENT

(1.) Common, questions of law have been raised in Criminal Writ Nos. 48, 52, 58, 59 of 1978, and 3 of 1979. This judgment will govern all the petitions.

(2.) The petitioner in Criminal Writ No. 48 has been served with a notice under section 50 of the Delhi Police Act, 1978 (Act No. 34 of 1978) (hereinafter referred to as "the Act") by the Deputy Commissioner of Police, North District, informing the petitioner of the allegations against him and calling upon him to show cause why he should not be externed under section 47 of the Act from the limits of the Union territory of Delhi for a period of two years. The petitioner in Criminal Writ No. 52 of 1978 has been served with a notice under section 50 by the Deputy ..Commissioner of Police, Crime Prevention, calling upon the petitioner to show cause why he should not be externed under section, 48 of the Act from the limits of the Union territory of Delhi for a period of two years. Petitioners in other petitions have been externed from the Union territory of Delhi. The petitioners challenge the vires of the various provisions of the Act. They have challanged the legality of notices issued to them as well as the orders of externment.

(3.) We will first decide the questions of law and then advert to, wherever necessary, the facts of each case.