Delhi High Court Quashes Externment Order Against Mahesh Shrivastva Due to Insufficient Evidence

Court Rules Procedural Improprieties and Lack of Substantive Threat Justification in Externment Proceedings

In a significant ruling, the Delhi High Court, presided over by Justice Neena Bansal Krishna, has quashed the Externment Order against Mahesh Shrivastva @ Jeeva, issued by the Additional Deputy Commissioner of Police-I, South District, Delhi. The decision, initially upheld by the Lieutenant Governor of Delhi, was overturned on grounds of insufficient evidence and procedural impropriety.

The case involved Mahesh Shrivastva, a resident of New Delhi, who was accused of being a habitual offender posing an imminent threat to public safety. The externment proceedings were initiated under Section 47 of the Delhi Police Act, 1978, citing Shrivastva’s involvement in multiple criminal cases over the years. However, the court found that these allegations were unsupported by substantive evidence.

Justice Krishna emphasized that the mere registration of FIRs and police apprehensions were inadequate to establish habitual criminal activities or an immediate danger to public safety. Notably, Shrivastva had been acquitted in most cases, with only one instance of a minor gambling offense where he paid a fine.

The judgment highlighted procedural lapses, including the failure to provide Shrivastva with an effective opportunity to participate in the proceedings or to be represented by legal counsel. The court also noted that the externment order lacked specific evidence of threats allegedly made by Shrivastva, with assertions being unsupported by specifics.

Furthermore, the court recognized the implications of the externment order on Shrivastva’s right to livelihood and liberty under Article 21 of the Indian Constitution. It was observed that Shrivastva had been living a peaceful life since 2018, with stable employment and no involvement in criminal activities.

The judgment reiterated the importance of balancing societal peace with safeguarding individual rights, cautioning against the mechanical issuance of externment orders without credible evidence. The ruling underscores the judiciary’s role in ensuring that administrative actions are reasonable and not arbitrary.

Bottom Line:

Externment Order quashed due to lack of clear and cogent evidence justifying imminent threat to public safety and procedural impropriety in the proceedings.

Statutory provision(s): Delhi Police Act, 1978 Section 47, Constitution of India, 1950 Article 21

Mahesh Shrivastva @ Jeeva v. State (Govt. of Nct of Delhi), (Delhi) : Law Finder Doc Id # 2796445