Supreme Court of India · 1980-11-11
PREM CHAND vs UNION OF INDIA AND ORS.
- Citation / case number
- SC 1980/63203
- Court
- Supreme Court of India
- Petitioner
- PREM CHAND
- Respondent
- UNION OF INDIA AND ORS.
- Bench
- KRISHNAIYER, V.R.
Judgment text excerpt
The Supreme Court held that under Sections 47 and 50 of the Delhi Police Act, 1978, externment orders must be based on clear and present danger supported by credible material. The Court found that the allegations against the petitioner were vague and did not meet the stringent test required for such orders, emphasizing that mala fides in the exercise of police power is fatal. The externment order was quashed, affirming the need for fairness and substantial evidence in restricting an individual's freedom of movement under Article 21.