SURYANATH MANAI YADAV Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) HEARD Counsel for the petitioner and A.P.P. for the State.

(2.) THE petitioner is challenging order of externment dated 19th September, 2009.

(3.) THE learned A.P.P. has raised a preliminary objection regarding the maintainability of this petition on the ground that the petitioner has not availed of the alternate remedy which was available to the petitioner by filing an appeal against the said order of externment. In my view, the said objection cannot be accepted since it is a settled position in law that if there is a violation of fundamental right, the petitioner can directly approach this Court under Articles 226 and 277 of the Constitution of India without first approaching the Appellate Authority. In the present case, the petitioner has alleged violation of Article 19 of the Constitution of India and that being the position, the petitioner is entitled to directly approach this Court.