The Delhi High Court has upheld an order of the Lt. Governor sending a man outside the limits of the national capital for one year keeping in view his criminal antecedents.
Justice Vinod Goel said there was "no force" in the arguments of the man that there was no sufficient material before the competent authority to pass an order of externment in violation of his fundamental right to live at his place of residence.
The police initiates externment proceedings to ensure that criminals are kept away so that they are dislodged from their area and are unable to create trouble.
The court said that there is no reason to interfere with the Lt. Governor's March 22 order, by which the Delhi Police's February 10 decision directing the petitioner to remove himself beyond the limits of the National Capital Territory (NCT) of Delhi for a period of one year, was confirmed.
"In the present case, the competent authority... after recording evidence and other material on record found that the petitioner was involved in several criminal cases punishable under IPC," the court said, adding that the authority has even noted that "witnesses were unwilling" to depose against him.
The man had moved the high court against the Delhi Police and the Lt. Governor's orders by which he was asked to leave Delhi on the ground that his "presence in the community is hazardous to society and his continuous presence in the area is leading to cause harm, alarm and danger the respectable citizens, who have a right to live peaceful life".
The man, however, contested the order and had submitted that it was illegal, arbitrary and against the settled principle of law and is therefore liable to be set aside.
Whereas, the police had opposed his contention, saying he has the potential to cause harm to the public at large.
The authorities had also told the court that there are over four cases, including sexual harassment and cheating, against him.
Agreeing with the police's finding, the high court judge said, "I find no infirmity in the order of the Lt Governor dated March 22, 2017 dismissing the appeal of the petitioner and confirming his externment from the NCT of Delhi vide order dated February 10, 2017 passed by the Additional DCP, South District, New Delhi".
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