SABUDDIN SHEIKH MANSUR Vs. J S THAKKAR

JUDGEMENT

(1.) The following two points have been referred to this Full Bench by a Division Bench consisting of two of us:-

(2.) The main point which arises for determination in this case is a short one. It is what is the correct interpretation of the word specially used in sec. 56 of the Bombay Police Act 1951 (hereafter called the Act).

(3.) In this case petitioner challenges the externment order Exhibit F dated 21st August 1966 passed by one Shri Thakkar Sub-Divisional Magistrate Baroda. The order was passed under sec. 56 of the Act directing petitioner to remove himself outside from the district of Baroda by a certain route within three days from the date of the receipt of the order and prohibiting him from entering or returning to the said district for a period of two years from the date of the order without his permission in writing or that of the District Magistrate Baroda. The externment proceedings were started as a result of a notice dated 21st August 1965 given to petitioner by one Shri Dhruv the Sub-Divisional Magistrate in charge of the city of Baroda on whose transfer subsequently Thakkar probably took charge. One of the grounds on which petitioner attacks the above order is the competence of the Sub Divisional Magistrate to pass the impugned order under sec. 56 of the Act. Therefore it is first necessary to read that section which is as follows:-