The police have decided to invoke the provision of Madras City Police Act 1888 and exile habitual offenders from the city, a senior police official has said. The decision was taken after a high-level meeting of the top brass of the city police.
As per section of 51(A) of the Act, the Commissioner can expel a person from the city on reasonable grounds if his/her acts cause alarm, danger or harm to person or property. Besides, such action can be taken if witnesses are not willing to give evidence against such persons in public on apprehensions of danger to their life or property. The CoP may pass the order for a period not exceeding two years.
The person who has been ordered to be banished will be provided reasonable time to explain the allegations levelled against him before the authorities. The aggrieved can also appeal to the State which can stay the extermination until the final order. The appeal should be made within 30 days from the date of the order.
Besides, the order can also be challenged if procedures have not been followed - if it was not based on material or there were no sufficient grounds to believe that witnesses were not willing to come forward.
The breach of order can attract a punishment of two years or a fine or both. If such a person re-enters the city, the CoP, besides prosecuting the person can get him moved to police custody at a place outside the city.