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2025 DAILYLAW 39080 (DEL)

TASLEEM AHMAD v. LIEUTENANT GOVERNOR & ANR.

W.P.(CRL)/1395/2025 · 2025-05-15

Amit Sharma

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$-66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1395/2025& CRL.M.A. 12983/2025 TASLEEM AHMAD .....Petitioner Through: Mr. Parvez A. Siddiqui, Adv. versus LIEUTENANT GOVERNOR & ANR. .....Respondents Through: Mr. Sanjeev Bhandari, ASC(criminal) for the State, Mr. Arjit Sharma and Mr. Nikunj Bindal, Advocates. SI Kavish Rana, PS Lahori Gate, Delhi. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 15.05.2025 1. This hearing has been done through hybrid mode. 2. The present writ petition under Article 226 of the Constitution of India seeks the following prayers: - “(a) Issue a writ of Certiorari or any other appropriate writ/order/direction quashing the externment orders dated 11.12.2024, 26.03.2025 and 21.04.2025 passed by the respondents under Sections 4 7 and 51 of the Delhi Police Act, 1978; (b) Declare that the petitioner is entitled to reside within the limits of NCT of Delhi without any restraint or restriction, subject to law; (c) Pass such other or further orders as this Hon'ble Court may deem just and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that vide the impugned order dated 11.12.2024, the order under Section 47 of the Delhi Police Act was passed by the Competent Authority externing the present petitioner for 3 months. It is submitted that an appeal challenging the aforesaid order was preferred before the Hon’ble Lieutenant Governor under Section 51 of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:59:43 Delhi Police Act, 1978. The said appeal was disposed of vide order dated 26.03.2025, whereby, the externment period was enhanced from 3 months to 8 months. 4. Learned Additional Standing Counsel (Crl.) appearing on behalf of the State has handed up a status report dated 14.05.2025 authored by Insp. Yogeshwar Singh, SHO, PS Lahori Gate, Delhi, in the Court today and the same has been taken on record. Learned ASC (Crl.) for the State on instructions of Mr. Amar Kumar, Section Officer, from the Court of Hon’ble Lt. Governor, Lt. Governor Secretariat and after perusing the records submits that no Show-Cause Notice was given to the petitioner for the enhancement of the externment period. 5. In view of the above, it is thus the admitted fact that before enhancing the externment period of the present petitioner from 3 months to 8 months, there was no opportunity given to him to show-cause. This itself is in violation of the principles of natural justice. 6. In view of the above, the present petition is allowed. The order dated 26.03.2025 passed by Hon’ble Lt. Governor of Delhi enhancing the externment period from 3 months to 8 months is hereby set aside. Consequently, the order dated 21.04.2025 passed by the Competent Authority/respondent no. 2 is also set aside. 7. The petition is disposed of accordingly. 8. Pending application(s), if any, are also disposed of. 9. Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J MAY 15, 2025/kr/sc Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:59:43