ABDULRAJJAK ABDULKADAR SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed seeking quashing and setting aside the impugned order dtd. 15/7/2022 by the Additional Secretary, Home Department, Gujarat State, Gandhinagar in Externment Appeal No.15 of 2022 under the provisions of Sec. 56(b) Gujarat Police Act, 1951, (for short, "the G.P.Act."). By the impugned order, the Appellate Authority has modified the order dtd. 20/3/2022 passed the Assistant Police Commissioner, "A" Division, Ahmedabad City, wherein and whereby, the petitioner was externed from the districts i.e. Ahmedabad (City and Rural), Kheda, Mehsana and Gandhinagar for two years, which has been modified to the extent only district Ahmedabad.

(2.) On 3/1/2022, the petitioner was served with a show cause notice by the respondent no.2 under Sec. 56(b) of the Gujarat Police Act, 1951, asking his explanation, as to why he should not be externed from the limit of Ahmedabad as well as other contiguous districts i.e. Kheda, Mehsana and Gandhinagar. The show cause notice also refers to the statements of the 8 witnesses and registration of two FIRs against the petitioner. The petitioner accordingly filed his reply to the show cause notice and the witnesses were also examined by the respondent authorities. By the order dtd. 20/3/2022, the respondent No.2 ordered the externment of the petitioner for a period of two years from the aforementioned areas. Being aggrieved, the petitioner filed an appeal. By the order dtd. 15/7/2022, the Appellate Authority modified the order of the externment and restricted it to district Amehdabad.

(3.) Learned advocate Mr.Pathan, appearing for the petitioner has submitted that the impugned show cause notice as well as the impugned order are required to be set aside, since the same are premised on the statements of 8 witnesses which are vague and unspecific. It is submitted that the respondents have also placed reliance on two offences registered under the provision of the Animal Cruelty Act , has been registered against him.