BHARAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed for the following relief:

(2.) It is the case of the petitioner that pursuant to two offences registered against him under the Indian Penal Code , 1860, the petitioner is ordered to be externed by invoking powers under Sec. 56A of the Gujarat Police Act (the G.P.Act) from four districts being Ahmedabad City, Ahmedabad Rural, Kheda, Mehsana and Gandhinagar vide externment order on 16/12/2020. In the externment order, the authority has considered two offences registered under the Indian Penal Code , 1860 ( IPC ), of which trial is still pending. SUBMISSIONS

(3.) Learned advocate Mr.Barot appearing for the petitioner has submitted that two offences, upon which the reliance is placed by the externing authority, is registered in the year 2019 and the second offence is registered before more than three months only, whereas the externment order came to be passed on 16/12/2020 externing the petitioner for a period of two years from the abovementioned five districts to prevent the petitioner from indulging in any offence. In appeal filed by the petitioner, the appellate authority has confined the externment qua Ahmedabad District including city area.