LAWS(GJH)-2013-11-257

BHAJANSING RAMESHSING SIKALIGAR Vs. STATE OF GUJARAT

Decided On November 22, 2013
Bhajansing Rameshsing Sikaligar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) CHALLENGE in the present petition preferred under Articles 21 and 226 of the Constitution of India is the orders dated 13.12.2011 and 24.7.2012 passed by the respondent No.2 in Externment Case Nos.28 of 2011 and 1870 of 2012 respectively as well as order dated 12.9.2013 passed by the respondent No.3 in Appeal No.121 of 2013 under section 60 of the Bombay Police Act, 1951 (for short the Act).

(2.) HEARD the submissions of learned advocates appearing for the petitioner and learned APP for the respondent State.

(3.) THE petitioner challenged the impugned order on various grounds that the externment order is passed without application of mind. According to the petitioner, the show cause notice issued to the petitioner dated 27.7.2011 is without application of mind, wherein the externing authority has mentioned that the petitioner should be externed from districts of Surat, Surat Rural, Bharuch, Navsari, Tapi, Valsad and Narmada. No reason has been given in the show cause notice why externment from these districts was proposed when the activities of the petitioner was confined only to the district of Surat.