ALTAFBHAI IBRAHIMBHAI DODHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN the present petition, the petitioner has challenged the order of externment passed by the Competent Authority on 9.5.2006.

(2.) A show cause notice under section 59 of the Bombay Police Act came to be issued against the petitioner in which the authority narrated three criminal cases pending against the petitioner. In the show cause notice, the Competent Authority also referred to the statements of secret witnesses recorded against the petitioner. It is not in dispute that against the said show cause notice, the petitioner made a representation on 18.8.2005. However, the Competent Authority passed the impugned order of externment on 9.5.2006. Learned advocate Shri Tolia for the petitioner submitted that the Competent Authority passed the externment order nearly after 8 months of petitioner replying to the show cause notice. He submitted that the delay has remained unexplained which would be fatal to the order. It was further submitted that the Competent Authority has not taken into consideration the fact that in one out of three cases referred to in the show cause notice, the petitioner has already been acquitted by the time the order of externment has been passed. It was further submitted that two out of three criminal cases where lodged in the year 2003 and third one was filed on 8.2.2005. The order of externment passed on 9.5.2006 on the basis of such stale material was not justified.

(3.) LEARNED AGPP Shri Kogje opposed the petition and submitted that the Competent Authority has passed the order on the available material on record which calls for no interference.