KALUBHAI RAMBHAI KATARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is the Chairman of the P. W. D. Committee of Bhavnagar District Panchayat. He is engaged in the transport business at Dhasa in Bhavnagar District. On 26/02/1979 the externing authority-respondent No-2-issued to him notice to show cause why he should not be externed from Bhavnagar District and other contiguous districts under sec. 56 of the Bombay Police Act 1951 Notice to show cause contained as many as 25 allegations against him. The petitioner filed a representation against it and sought an opportunity to examine witnesses. He examined as many as 47 witnesses. Thereafter he made an application to summon further witnesses However it was turned down Then he applied for time to call those witnesses. That application was also turned down. He thereafter applied for certified copies of the evidence of the witnesses whom he had examined. That application was rejected. On 23/11/1979 the impugned order of externment was made against him He did not appeal to the State Government but filed this petition.

(2.) Mr. Raval who appears on behalf of the petitioner has raised before us the following contentions:

(3.) So far as the first contention is concerned Mr. Raval has presented to us three aspects. The first aspect .s that the petitioner wanted respondent No. 2 to summon certain witnesses after he had examined 47 witnesses in his defence. That application was turned down. We do not find anything in the Bombay Police Act which casts an obligation upon the externing authority to summon any witness for the proposed externee. The proposed externee against whom show cause notice has been issued does not have any right under the Bombay Police Act which requires the externing authority to summon any witnesses for him. The scheme of externment as laid down in the Bombay Police Act is far different from the scheme of an ordinary criminal prosecution. Therefore the first aspect which Mr. Raval has canvassed before us cannot be upheld.