VIKASH @ ANKUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Articles 19(1)(d) and 226 of the Constitution of India is filed for quashing and setting aside the impugned order of externment dated 14.12.2017 passed by respondent no. 2 - Deputy Police Commissioner, Zone - IV, Surat City, whereby it is ordered that the petitioner shall be externed from the areas falling within territorial jurisdiction of Surat Commissionerate, Surat Rural, Navsari, Bharuch, Tapi, and Valsad for a period of twenty four months.

(2.) The facts in brief of the case are that the on account of alleged offence levelled against the petitioner, the respondent authority has issued show cause notice calling upon the petitioner to explain as to why he should not be externed from the area. In response to the said show cause notice, a detailed reply has been tendered by the petitioner and has requested the authority to recall the notice. The respondent authority by virtue of order dated 14.12.2018 passed an order of externing the petitioner so as to prevent him from further indulging into illegal activities from the areas falling within territorial jurisdiction of Surat Commissionerate, Surat Rural, Navsari, Bharuch, Tapi, and Valsad for a period of twenty four months and it is this order, which has been made the subject matter of the present petition.

(3.) When the matter is taken up for hearing, learned advocate Mr. Baghel appearing for the petitioner has vehemently contended that here is a case in which the extreme exercise of power against the petitioner is based upon the alleged offences but are not, in any way, affecting the public at large. Learned advocate has further submitted that there is gross violation of the principles of natural justice inasmuch as the Assistant Police Commissioner, Surat, "F" Divisionhas issued a show cause notice whereas the Deputy Police Commissioner, Zone-V, Surat City has passed the order of externment. It has been further pointed out that so far as other districts are concerned, there is no material whatsoever of any nature which would permit the authority to exercise such kind of drastic power by sending the petitioner away from those districts in which undisputedly there is no material and further learned advocate Mr. Baghel has submitted that there is no justification as to why the petitioner has been externed for a period of 24 months. Therefore, this entire exercise against the petitioner reflects clear arbitrariness, discrimination and violation of the principles of natural justice and also reflects clear non application of mind and as such this exercise of jurisdiction is totally uncalled for and hence the relief prayed for in the petition deserves to be granted. Learned advocate has further submitted that these issues are very much covered by the decision of the co-ordinate Bench and hence on the basis of the such principle of law laid down by various decisions also, the impugned order requires to be quashed and set aside. No other submissions have been made.