DEV RAJ DIWAN Vs. T R KAKKAR

JUDGEMENT

(1.) By this Petition under Articles 226 of the Constitution of India the petitioner challenges the notice dated June 23, 1979 issued by the Deputy Commissioner of Police, Central District, Delhi (respondent No. 1) under Section 50 of the Delhi Police Act, 1978. The petitioner is running a restaurant under the name and style of 'Kamal Restaurant' at Anand Parbat, New Rohtak Road, New Delhi. It is averred that, because of the nature of his business, various local police-officers started troubling him and foisting false cases against him. It is also averred that the petitioner had contested the local Municipal elections in June, 1977 as an independent candidate and lost it by a very narrow margin.

(2.) The Petitioner alleges that his place of business was raided by a Police party headed by respondent No. 1. The police is stated to have ransacked the premises, damaged the property and even took away the valuables. It is thus stated that the police in order to wreak their vengeance issued a notice under section 50 of the Act on June 23, 1979 calling upon the Petitioner to show why he should not be externed from the Union Territory of Delhi for a period of two years under Section 47 of the Act.

(3.) The respondents deny that any action was at any time taken against the petitioner to falsely implicate him in any case to wreck their vengance. It is, however, admitted that on the night of 23rd/24th June, 1979 the premises of the Petitioner were raided but it was done bona-fide on the basis of various complaints.