Topic
Allahabad HC sets aside an externment order under the U.P. Control of Goondas Act, 1970, ruling that a single criminal case does not meet the 'habitual' conduct threshold. The judgment reinforces that preventive detention laws demand repeated, persistent offences to justify branding an individual as a 'goonda'.
Allahabad HC rules that externment orders under the U.P. Goondas Act must be stayed upon admission of an appeal, citing severe adverse consequences and the need for procedural fairness. The judgment underscores that involvement in older criminal cases alone does not justify declaring an individual a 'gunda' without thorough scrutiny.
Allahabad HC rules that externment under the UP Goondas Act cannot be justified solely on the basis of two criminal cases without substantive evidence. The court emphasized due process, directing expeditious disposal of the appeal while staying the impugned order, reinforcing that preventive detention requires more than procedural formality.