Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1978- Sections 47 1950-Article 226-Delhi Police Act 51 and 52 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India, 1950-Article 226-Delhi Police Act, 1978- Sections 47, 51 and 52-Administrative decision-Judicial interference-Scope of-Held: Courts should be slow to interfere in matters relating to administrative functions unless decision is tainted by illegality, irrationality and procedural propriety-Section 52 though limits the scope of consideration by the Courts, the scope of judicial review in writ petition is not restricted Respondent-Police Officer passed an order under Section 47 of Delhi Police Act, 1978 directing externment of the respondent from the limits of NCT Delhi for a certain period. The order was challenged u/s. 51 of the Act which was rejected by the Lieutenant Governor. Writ Petition was also dismissed by High Court holding that pre-requisites for passing an order u/s. 47 of the Act were not available; and that there was no clear material or elaborate reasoning indicated to show that alternative options were examined and only one of them was adopted. In appeal to this Court, appellant contended that it was not necessary to pass detailed order while exercising powers under the Act to direct externment; that the question of period of externment could not be questioned in a Writ Petition; that respondent-Police Officer not only enumerated the various acts with reference to materials but also came to hold that immediate action in terms of Section 47 was necessary and all relevant details were given; and that the fact that one of the options was adopted after analyzing factual scenario clearly indicated that the other two options were not considered sufficient enough to deal with the particular situation. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 180 |
Petitioner | State Of N.c.t. Of Delhi And Anr. |
Respondent | Sanjeev @ Bittoo |
SCR | [2005] 3 S.C.R. 151 |
Judgement Date | 2005-04-04 |
Case Number | 498 |
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