CHANDRAKANT BRIJIAT RANA Vs. COMMISSIONER OF POLICE SURAT

JUDGEMENT

(1.) This Special Criminal Application is to issue a writ of mandamus or any other appropriate writ, order or directions quashing the orders of externment and also the show cause notice issued before passing such order.

(2.) The short facts of the case are that the petitioner was served with a notice under section 56 of the Bombay Police Act alleging that he has committed the following offences;

(3.) After alleging those allegations the notice states that in order to maintain peace and ensure security of the public the petitioner may be externed for a peril d of two years under section 56 of the Bombay Police Act from the areas of jurisdiction of Commissioner of Police, Surat City and the contiguous area and also from the districts of Bharuch and Bulsar. The notice further states that if the petitioner is, not externed from the contiguous area, in view of the fast means of communications and transport, the petitioner will perpetrate those activities once over again. The externing authority, after considering the allegations, exercising power under section 59 of the Bombay Police Act, externed the petitioner for a period of two years from the areas of jurisdiction of Commissioner of Police, Surat City, its contiguous rural areas as well as from the Districts of Bharuch and Bulsar. The said order of externment was the subject matter of appeal before the Home Department. Government of Gujarat. Under section 60 of the Bombay Police Act, The appellate authority modified the order of externment and said that the petitioner will be externed for a period of one year from the area under the jurisdiction of Commissioner of Police, Surat City. Thus the period of externment and the area from which the petitioner was externed by the externing authority was reduced by the appellate authority. As against this order the petitioner has come forward by way of present Special Criminal Application.