KATHI HARSUR RUKHAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these two petitions by two brothers who are sought to be externed from the place where they reside and carry on their avocation of life in Malia in Amreli taluka of Amreli district the externment orders passed against them by the authority and as confirmed by the Secretary Home Department have been brought in challenge.

(2.) A few relevant facts may be noticed at the outset. The petitioners are residing at village Malia in Amreli taluka of Amreli district. They are true brothers. Both of them were served with show cause notices of even date viz. 8-11-1983 under sec. 59 of the Bombay Police Act. The said notices have been issued by the Sub-divisional Magistrate Amreli. It was alleged in the said notices that the petitioners were head-strong and quarrelsome persons and on the allegations mentioned in the show cause notices it was thought necessary to extern them in the exercise of powers under secs. 56 57 and 63 of the Act from the local limits of Amreli and contiguous districts of Bhavnagar and Rajkot for a period of one year. It was further alleged that if they were not removed from the said areas then they and their associates will continue such activities illegally through their agents and would engage in violent and harmful activities.

(3.) Both the petitioners filed written replies to these notices and tried to show how they were not liable to be externed and how notices proceeded on wrong allegations. Along with the replies a list of witnesses was also furnished. Thereafter the competent authority held inquiries as enjoined by sec. 69 of the Act permitted the petitioners to examine witnesses in defence and ultimately by two separate orders of even date viz. 25-6-1984 ordered that the petitioners should be externed for a period of one year from the receipt of the order and that both of them should go out of the areas within the local limits of Amreli and contiguous districts of Bhavnagar and Rajkot for that period. Thereafter the petitioners challenged these orders by filing appeals under sec. 60 of the Act before the appellate authority. The Deputy Secretary Home Department State of Gujarat who heard the appeals dismissed the same and confirmed the orders passed against each of the petitioners. It is in these circumstances that both the petitioners have landed in this court by way of the present petitions under Article 226 of the Constitution.