PREM CHAND versus UNION OF INDIA AND ORS.

PREM CHAND versus UNION OF INDIA AND ORS.

Externment orders under Delhi Police Act are invalid if based on vague allegations and lack credible material indicating clear and present danger; police powers must be exercised with fairness, adhering to principles of natural justice, and ensuring fundamental rights under Articles 14, 19 and 21 are not violated.

Parties
Petitioner: Prem Chand; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
11 November 1980
Procedural Posture
Writ Petition / Final Disposition
Outcome
petition allowed
Legal Topics
Externment Proceedings, Freedom of Movement, Natural Justice, Police Powers, Procedural Fairness
Constitutional Law Criminal Law Administrative Law Externment Proceedings Freedom of Movement Natural Justice Police Powers Procedural Fairness

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Parties

Prem Chand

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition / Final Disposition

Legal Issues

  1. 1 Whether the externment order under Sections 47 and 50 of Delhi Police Act, 1978, based on vague allegations, is valid
  2. 2 Whether such proceedings violate Articles 14, 19 and 21 of the Constitution by imposing arbitrary and unreasonable restrictions on freedom of movement

Ratio Decidendi

Externment orders under Delhi Police Act are invalid if based on vague allegations and lack credible material indicating clear and present danger; police powers must be exercised with fairness, adhering to principles of natural justice, and ensuring fundamental rights under Articles 14, 19 and 21 are not violated.

Court Disposition

petition allowed

Orders

  • No further police action or surveillance will be taken against the petitioner.
  • State is urged to issue clear directions to police to prevent contamination of investigation and prosecution by use of stock witnesses.