Section 145 Delhi Police Act: How to Challenge Rules and Orders
Section 145 provides a statutory route for interested persons to seek review of certain rules or orders made by the Administrator under the Delhi Police Act, 1978. It first permits a memorial to the Administrator and then, in specified circumstances, a civil suit seeking a declaration of unlawfulness.
Section 145: Statutory text
The following reproduces the three subsections appearing in the original article.
(1) In the case of any rule or order made by the Administrator under an authority conferred by this Act and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent for any person interested to apply to the Administrator by a memorial to annul, reverse, or alter the rule or order aforesaid on the ground of its being unlawful, oppressive or unreasonable.
(2) After such an application as aforesaid and rejection thereof wholly or in part or after the lapse of four months without an answer to such application or a decision thereon published by the Administrator, it shall be competent for the person interested and deeming the rule or order to be contrary to law to institute a suit in the principal civil court of original jurisdiction against the Administrator for a declaration that the rule or order is unlawful either wholly or in part.
(3) Where in any suit instituted under sub-section (2) or on appeal therefrom, the court adjudges a rule or order to be unlawful, the rule or order shall be annulled or so altered as to make it conformable to law.
Meaning and scope of Section 145
What is a qualifying rule or order?
Subsection (1) applies to a rule or order made by the Administrator under authority conferred by the Act which requires the public, or a particular class of persons, to perform a duty or act or regulate their conduct or the conduct of persons under their control. It does not automatically extend to every police decision or every individual administrative communication.
Who is a person interested?
The Act uses the expression person interested without defining it in Section 145. In context, the applicant should be able to explain a genuine interest in, or effect from, the rule or order in question. Whether a particular applicant qualifies depends on the facts and applicable law.
What is a memorial?
A memorial is a formal written representation to the Administrator asking that the rule or order be annulled (set aside), reversed or altered (modified). The applicant may contend that the measure is unlawful, oppressive or unreasonable. Retaining proof of submission and the supporting documents is important because the subsequent statutory step depends on the response or passage of time.
Administrator and present-day terminology
The expression Administrator is used in the Act. The identity and powers of the authority exercising that role must be read with the Act, applicable notifications and the constitutional framework governing the National Capital Territory of Delhi. The word should not be assumed to mean the Commissioner of Police.
Procedure for challenging a rule or order
Step 1: Identify the rule or order
Obtain its exact text, date, issuing authority, enabling provision and any publication or notification. Explain how the measure falls within subsection (1) and affects your interest.
Step 2: Submit a memorial to the Administrator
State the relief requested and the grounds on which the measure is considered unlawful, oppressive or unreasonable. Attach relevant supporting records and retain evidence of receipt.
Step 3: Consider the statutory trigger for a suit
Under subsection (2), a person interested who deems the measure contrary to law may institute a suit after a complete or partial rejection of the memorial, or after four months without an answer or decision published by the Administrator as described in the provision.
Step 4: Seek a declaration from the proper civil court
The specified forum is the principal civil court of original jurisdiction, and the suit is against the Administrator for a declaration that the rule or order is unlawful wholly or in part. Jurisdiction, procedural requirements, limitation and the availability of other remedies should be examined in the circumstances of the case.
Step 5: Effect of the court's decision
Under subsection (3), where the court, or the appellate court, adjudges the rule or order unlawful, it is to be annulled or altered so that it conforms to law.
Illustrative example
Suppose a rule made by the Administrator under the Act imposes a duty on a defined class of persons. An affected person may submit a memorial arguing that the rule exceeds the enabling provision or is unreasonable. If the memorial is rejected, or the specified four-month period passes without a response or published decision, the person may assess whether the statutory civil suit remedy is available. The example does not establish that every police order is covered.
Relationship with constitutional remedies
Section 145 creates a specific statutory procedure. It should not be read as automatically extinguishing constitutional judicial review under Article 226 of the Constitution of India. Whether a court will entertain a writ petition despite an alternative statutory remedy depends on established legal principles and the circumstances of the case.
Frequently asked questions
Who can apply under Section 145?
A person interested in a rule or order of the Administrator that requires the public or a class of persons to perform duties or regulate conduct may submit a memorial.
What grounds can be raised in the memorial?
The memorial may seek annulment, reversal or alteration on the ground that the rule or order is unlawful, oppressive or unreasonable.
When can a civil suit be filed?
After the memorial is wholly or partly rejected, or four months pass without an answer or published decision, a person who considers the rule or order contrary to law may institute the suit described in subsection (2).
What relief may a court grant?
If the court adjudges the rule or order unlawful, it must be annulled or altered to bring it into conformity with law, as provided in subsection (3).
Official legal references
For the authoritative text and any subsequent amendments or notifications, consult India Code (Government of India) and the Delhi Police Acts and Rules portal. For constitutional remedies, see the Constitution of India on the Legislative Department website.
This article is an explanatory guide. Check the current statute, notifications and relevant judicial decisions before taking legal action.