RAMBHAI ALIAS RAMLO KHIMCHAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has come forward with the present Special Criminal Application for quash- ing and setting aside the externment orders which are Annexures-B & C. The Sub-Divisional Mag- istrate Veraval issued notice on 5-12-1988 under Section 56(a) (b) of the Bombay Police Act 1951 alleging the following acts committed by the petitioner in Hudco Colony Vivekanand Colony and on the way leading to Hudco Colony situated at the sim of village Dari which are within the limits of Prabhaspatan Police Station.

(2.) In this notice it has been stated that it is proposed to remove the petitioner from Junagadh Rajkot and Amreli Districts which are adjacent to each other for a period of two years. In the notice we also find that the petitioner is a dangerous and fierceful person and that the witnesses of the aforesaid incidents are afraid of safety of life and properly and as such they are not prepared to give evidence against the petitioner. There is a further allegation in the notice that if the petitioner is not removed from the aforesaid limits of the districts there are possibilities that the petitioner will continue the aforesaid activities.

(3.) The explanation was called for and subsequently the externing authority passed an order of externment dated 11-4-1989 externing the petitioner from the limits of Junagadh Rajkot and Amreli districts for a period of two years from the next day of receipt of the said order. As against this order the petitioner preferred appeal under Section-60 of the Bombay Police Act and the Government of Gujarat in its Home Department confirmed the said order passed by the externing authority by its order dated 5-7-89.