SANJAY BHANUBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner was externed from the districts of Rajkot City, Rajkot [Rural], Surendranagar, Jamnagar, Junagadh and Amreli for a period of two years by virtue of order passed on 13.03.2012 by the Deputy Police Commissioner, Rajkot City, in exercise of powers under sections 56(b) of the Gujarat Police Act ("the Act" for short). It was found that the petitioner -externee committed breach of that order and entered Rajkot city. Therefore, Deputy Police Commissioner, Rajkot City, passed an order on 23.07.2013 against the petitioner -externee in exercise of section 62(2) of the Act and directed that the petitioner be arrested and kept police custody at Mahesana Jail. It is this order, that has given cause for the present petition which is filed by the petitioner.

(2.) THE petition is based mainly on the ground that the order is ex -facie illegal, passed without jurisdiction and outcome of of misreading of the provisions of the law.

(3.) ATTENTION of this Court is drawn to section 62 of the Act and it is stated that the power with which the authority is invested is only of causing the breaching externee arrested and removed in police custody to a place outside the area as the authority may prescribe. In the instant case, the authority has caused the petitioner arrested and has placed him in Mahesana Jail for a period of two years from 23.07.2013 and, therefore, the order is without jurisdiction and in gross misreading of the provisions of law.