KALUBHAI BECHARBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has challenged the externment order passed by the Sub Divisional Magistrate, Bhavnagar, dated 24th May, 2002, by which an externment order is passed against the petitioner in Externment Case No.8 of 2002. The aforesaid order is passed under Section 56(b) of the Bombay Police Act, 1951. By the impugned order, the petitioner is externed from Bhavnagar District as well as adjoining Districts, viz., Amreli, Junagadh, Surendranagar, Rajkot and Ahmedabad District (Rural), for a period of one year. The said order was challenged by the petitioner by way of appeal before the State Government. The State Government has rejected the said appeal by the order at Annexure 'B', dated 6.8.2002. Accordingly, the petitioner has challenged the said orders by way of this Special Civil Application.

(2.) Before passing the impugned order of externment, the petitioner was served with a show cause notice under Section 59 of the Act. The said notice is dated 29th January, 2002. In the aforesaid notice, particulars about four instances are given. It is stated in the said notice that somewhere about 8 months back, the petitioner had gone to the house of one person at night and demanded money and, thereafter, since his demand was not acceded to by the said person, the petitioner started beating him. The other case which is mentioned is that about 9 months back, the petitioner had gone to the house of one person and demanded money and, thereafter, started beating that person.

(3.) The next case mentioned is that about eight months back, in the evening, the petitioner had gone to one person and demanded money and, thereafter, when his demand was not acceded to, he started beating that person. The last case is also that the petitioner had gone to the business place of one person and demanded money and as his demand was refused by the aforesaid person, the petitioner started beating him. There is also a reference about four cases against the petitioner under various Sections of IPC. It is, therefore, mentioned in the show cause notice that, prima facie, it is found that the petitioner is a "dangerous person" and in order to curb his activities, it is decided to remove him from the Bhavnagar District and other adjoining Districts. The petitioner was asked to show cause as to why the orders contemplated under the aforesaid provision should not be passed against him.