ISMAIL MAHMMED SHEKH Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution the petitioner has challenged an order passed by the Subdivisional Magistrate Dabhoi on 25/06/1984 directing the petitioner to be externed as per the provisions of sec. 56 of the Bombay Police Act 1951 from the city of Vadodara and the contiguous districts of Vadodara Bharuch Panchmahals and Kheda for a period of one year. He has also challenged the appellate order passed by the Deputy Secretary Home Department (Special) Government of Gujarat dismissing the petitioners appeal against the impugned externment order sec. 60 of the Bombay Police Act.

(2.) Before we mention the main grievance voiced by the learned Counsel for the petitioner against the impugned order it is necessary to set out relevant introductory facts. The petitioner is a permanent resident of village Amroli in Nasvadi Taluka or Vadodara District. He is having agricultural land on the outskirts of the said village. The Sub-Divisional Magistrate Dabhoi in exercise of his power under sec. 59 of the Bombay Police Act issued a show cause notice to the petitioner on 1/02/1984 calling upon him to show cause against the proposed externment order which was sought to be passed against the petitioner on the basis of allegations mentioned in the said show cause notice. As the allegations made in the show cause notice have been made the subject matter of a serious controversy by the learned Counsel for the petitioner he support of his diverse contentions it will be profitable to extract the said allegations contained in the show cause notice at this stage. The allegations run as under:-

(3.) Now is the time for us to note the main contentions canvassed by Mr. H. L. Patel learned advocate for the petitioner in support of the petition: