LALJI KANJI Vs. V T SHAH

JUDGEMENT

(1.) These three Special Criminal Applications arise out of the externment proceedings taken by the Deputy Commissioner of Police Ahmedabad City against three different individuals. In Special Criminal Application No. 755/1962 the petitioner is Lalji Kanji who is also referred to as Lalji Kanji Hajam in Special Criminal Application No. 791/1962 the petitioner is Ambalal Vadilal Soni and in Special Criminal Application No. 794/1962 the petitioner is Sartan Khengar Rabari. It has been alleged against each of these three individuals that along with the other two each of the petitioners in these different proceedings have been harassing people and since all the allegations made in the notice under sec. 59 of the Bombay Police Act against all these three individuals are more or less in the same terms and since the orders of externment passed against these three individual are also in the same terms we propose to consider these three petitions together and also to consider the special features if and of any one of these three applications later on.

(2.) First we will take up for the sake of convenience Special Criminal Application No 791 of 1962 against Ambalal Vadilal Soni. Notice under sec. 59 of the Bombay Police Act was served on the petitioner on June 24 1962 and he was called upon to give an explanation concerning the allegations set out in the notice and also to bring his witnesses. if any in regard to the allegation. Now the notice contains the allegations that along with his associates-in-crime viz. Lalji Kanji Hajam (Petitioner in Special Criminal Application No. 755/1962) and Sartan Khengar Rabari (Petitioner in Special Criminal Application No. 794/1962) the petitioner assaults people with knife and intimidates complainants and witnesses with the result that they do not dare to depose against the petitioner or his friends by reason of apprehension on their part as regards the safety of their person or property. The allegations against all these three petitioners are that there were numerous instances in which they had extorted money and eatables from the businessmen of the said locality viz. Sarangpur and nearby areas big and small and even from public servants under threats of violence or at the point of knife. Thus it was alleged that there were reasonable grounds for believing that each of these three individuals was engaged or was about to be engaged in the commission of offence involving force or violence or offenses punishable under Chapters XVI and XVII of the Indian Penal Code. It was further alleged that they visited hotels canteens and other places of public entertainment and under threats of violence refused to pay the legal dues for the things consumed by them. It was further alleged that they visited cinemas and molested girls and women by cutting indecent jokes at them in public but on account of their hazardous and violent activities the victims of their acts could not dare to complain against them. It was further alleged that they exacted petty supplies from the dealers free of cost and with dire consequences. The notice then alleged that the acts and those who refused to concede to their illegal demands were threatened movements of these individuals were causing or were calculated to cause harm alarm or danger to person or property. It was also alleged that the witnesses to the different instances were not willing to come forward to give evidence in public against them by reason of apprehension on their part as regards the safety of their person or property.

(3.) As regards the Externment Order against Ambalal Vadilal it first sets out that the materials had been placed before the Deputy Commissioner of Police under six different heads set out in that order. It further says that the Deputy Commissioner of Police had considered the explanation tendered by him and the evidence produced by him and after considering all the materials evidence and the explanation the Deputy Commissioner of Police was satisfied that Ambalal Vadilal Soni is a dangerous and desperate man who is engaged in commission of acts and offences involving assaults extortion etc. which are punishable under Chapters XVI and XVII of the Indian Penal Code and that there were reliable materials to prove the allegations contained in paragraphs (i) to (vi) of the order and further that the movements and acts of Ambalal Vadilal Soni were causing harm alarm and danger to the persons of the locality known as Sarangpur and the round about area within the limits of Kalupur Police Station. It was further alleged in the Externment Order that in the opinion of the Externing Authority witnesses were not willing to come forward to give evidence in public against him by reason of apprehension on their part as regards the safety of their person or property and in these circumstances having been satisfied on the grounds and on the materials as stated above the order externing Ambalal Vadilal Soni from the districts of Ahmedabad City Ahmedabad Rural Kaira and Mehsana for a period of two years was passed.