MANANSINGH RAMASHRESINGH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition challenges the order of externment passed by the Competent Authority against the petitioner on 10th January 2007.

(2.) A show cause notice under section 59 of the Bombay Police Act came to be issued to the petitioner on 2.8.2006. The petitioner replied to the show cause notice on 21st August 2006. The Competent Authority passed the impugned order on 10.1.2007 ordering externment of the petitioner for a period of two years, which however upon appeal of the petitioner, came to be reduced to one year.

(3.) LEARNED advocate Shri Niral Mehta for the petitioner has pressed this petition mainly on two grounds. He firstly submitted that in the show cause notice, the authorities have placed reliance on two criminal cases filed against the petitioner in November 2004 and September 2005 alleging his involvement in offence punishable under sections 294, 323, 506 and 114 of the Indian Penal Code. He submitted that the order which is passed in January 2007 thus is much belated and the incidents are stale. It is further pointed out that in the show cause notice though it is stated that the statements of secret witnesses are attached, no such statements have been supplied to the petitioner. A specific ground in this regard has been raised in ground (c) of the petition.