RAJUBHAI @ BOLERO CHHAGANBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. By way of the present petition, under Articles 226 and 227 of the Constitution of India, the petitioner has challenged an order dated 29.10.2013 passed by Deputy Police Commissioner, Zone ­ IV, Ahmedabad City in Externment Case No. 67 of 2013, by which, the petitioner has been externed for a period of two years from different Districts namely Ahmedabad City, Ahmedabad (Rural), Gandhinagar, Kheda and Mahesana, as well as he has challenged the order passed by the Joint Secretary, Home Department, Gandhinagar dated 21.01.2014 by which, appeal preferred by the petitioner being Externment Appeal No. 600 of 2013 is partly allowed and petitioner was ordered to extern from area of Ahmedabad City and Ahmedabad (Rural) for a period of one year.

(2.) BRIEF facts emerges from the record are as under : 2.1 The petitioner was served with a notice issued by Deputy Police Commissioner, Zone ­ IV, Ahmedabad City , under Section 59 of the Bombay Police Act, 1951, calling upon the petitioner to show cause as to why an order shall not be passed under Section 56(a) of the Bombay Police Act, since several offences were registered against him. The case was registered as Externment Case No. 67 of 2013 by the Deputy Police Commissioner, Zone ­ IV, Ahmedabad City. 2.2 The petitioner was heard through his lawyer. The petitioner was present at the time of hearing of the said case. The Sub - Divisional Magistrate after hearing the petitioner as well as the lawyer and after considering the facts, came to the conclusion that petitioner is required to be externed for a period of two years from certain Districts, which are referred hear -in -above and passed an order dated 29.10.2013. 2.3. The petitioner challenged the said decision before the State of Gujarat by preferring Externment Appeal No. 600 of 2013. The appeal was heard by Joint Secretary, Home Department, Gandhinagar and the same was partly allowed by an order dated 21.01.2014 and petitioner was ordered to extern from area of Ahmedabad City and Ahmedabad (Rural) for a period of one year. Hence, the present petition.

(3.) IN support of his submission, he has relied upon a decision of this Court in the case of Shri Hussainmiya @ Jago Razakmiya Qadri v. State of Gujarat & Ors. reported in 1999 (2) G.L.H. 786. He submitted that in the said decision this Court has held that if the Authority has taken any action under the Bombay Police Act other than the provision mentioned in the Show -cause notice, like one in the present case, this Court has quashed and set aside the externment order passed by the Authority.