Supreme Court Digest of Recent Cases
(2006) 5 SCC 228

Police

Delhi Police Act, 1978 (34 of 1978)

— Ss. 47, 49 & 50 — Externment — Order must show due application of mind by authority to relevant facts — Interference of court — When called for — Subjective satisfaction of the authority must be based on objective criteria — If so, court would not normally interfere — Court would however safeguard externee's right under Art. 21 and can examine the records to satisfy itself that prescribed procedural safeguards had been complied with — Scope and extent of such judicial review discussed — But court cannot direct the authorities either to disclose names of the witnesses or number of cases where such witnesses were examined, (2006) 5 SCC 228-A

Police

Delhi Police Act, 1978 (34 of 1978)

— Ss. 47, 49 & 50 — Externment — Proceedings — Nature — Different from preventive detention as well as from ordinary proceedings, (2006) 5 SCC 228-B

Police

Delhi Police Act, 1978 (34 of 1978)

— Ss. 47, 49 & 50 — Externment proceedings — Constitutional and statutory procedural requirements must be strictly complied with — Person proposed to be externed entitled to opportunity of hearing before order of externment is passed, (2006) 5 SCC 228-C



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