Externment

• Under Delhi Police Act, 1978, the competent Authority who can initiate an externment proceeding and order an ousting of a person from Delhi or any particular area of Delhi is Deputy Commissioner Of Police [DCP].

                                                                                                  Externment of any person is ordered under following situations and circumstances:

  • If his movements are causing harm to other persons or their property; or

  • If he has been engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code (45 of 1860) or under section 290 or sections 489A to 489E (both inclusive) of that Code or in the abetment of any such offence.

  • If his presence in Delhi is hazardous to the community at large; or

  • If he has been found habitually intimidating other persons by acts of violence or by show of force; or

  • If he habitually commits affray or breach of peace or riot, or habitually makes forcible collection of subscription or threatens people; or

  • If he has been habitually passing indecent remarks on women and girls, or teasing them by overtures, and that in the opinion of the Commissioner of Police witnesses are not willing to come forward to give evidence in public against such person.

  The Delhi Police Act, 1978 mandates an opportunity of hearing to the person concerned before he is ordered to be externed from Delhi or a particular area in Delhi. The proceeding before DCP are quite exhaustive by their very nature. The affected person can hire lawyer’s services, he can furnish written reply and he is even allowed to bring along with him his witnesses to oppose the move of the Police.

  Appeal against the Order of the DCP lies before the Lt. Governor Of Delhi. The appeal got to be preferred within thirty [30] days from the date of the service of the order of externment. An appeal got to be in duplicate and must be accompanied by the order which is impugned in the Appeal.

  The order of externment comes into effect from the very date of its service on the person concerned. However, the Governor has powers to stay the operation of the externment order.

  The Grounds- in- general of an Appeal to the Lt. Governor are as follows:

  • The DCP has not followed the procedure laid down in the Delhi Police Act.; and

  • There is no material before the DCP upon which he could have based his order; and

  • Undue haste has been shown by the DCP in externing the Appellant and the Appellant has been externed without giving reasonable opportunity of hearing.

  • DCP failed to take into consideration the relevant factors like the discharge of the Appellant.

  • Even if the allegations are accepted to be correct, there is nothing to show that the Appellant is a habitual offender or by virtue of his being involved in so many cases, he has become a hazard to the society and his being let at large would be prejudicial for the society.

  • There was nothing on record before DCP to come to the conclusion that the witnesses of the area are apprehensive of any reprisal at the hands of the petitioner in case they come in open as witnesses.

  A Writ lies in High Court against the order of the Lt. Governor.

  Judgments On The Issue Of Externment

  Kamal Kishor Versus Addl.DCP-I North West Distt Delhi, W.P(CRL) 326/2015, Bench- Ashutosh Kumar, J, Order Dated 23.07.2015, Delhi High Court [PDF].

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