MEENABEN DINESHPALSINGH GURKHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India is filed for quashing and setting aside the order dated 25.05.2017 passed by respondent no. 2 and also the order passed by respondent no.1 dated 02.02.2018 in Externment Appeal No.97 of 2017, whereby the appeal was rejected.

(2.) The short facts of the case are that the petitioner is served with the show cause notice under Section 59(1) of the Gujarat Police Act, 1951 indicating that why the petitioner should not be externed from the areas as reflected in the notice and for the purpose of issuing notice five cases are relied upon which have been lodged before the Sayajigunj Police Station being III-C.R No.443 of 2015, III-C.R No.451 of 2015, III-C.R No.589 of 2015, III-C.R No.481 of 2016 and III-C.R No.378 of 2016. Now on the basis of these five offences, the petitioner is called upon to show cause as to why he should not be externed from the said areas.

(3.) On the basis of the aforesaid chronology of events, the petitioner has approached this Court by way of present petition in which on 03.04.2018, the Court has issued rule and granted interim protection with respect to the areas which are mentioned in the order. With this background, the petition has come up for consideration before this Court.