KASAM @ BATAT ISMAILBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, under Articles 226 and 227 of the Constitution of India, the petitioner has challenged an order dated 31.05.2016 passed by respondent No.3 in Externment Case No. 1 of 2016, by which, the petitioner has been externed for a period of two years from different Districts namely Gir Somnath, Junagadh, Porbandar, Rajkot, Amreli and Div, as well as he has challenged the order passed by the respondent No.2 dated 30.01.2017 by which, appeal preferred by the petitioner being Externment Appeal No. 282 of 2016 is dismissed.

(2.) Brief facts emerges from the record are as under :

(3.) Learned Advocate for the petitioner submitted that the notice as well as orders issued and passed by the Authorities are of totally non-application of mind. The respondent authority had issued notice to the petitioner under Section 56(a) of the Act, however has considered other aspects which do not fall within perview of Section 56(a) of the Act. He has submitted as per section 56(a), if is found that movements or acts of any person causing or calculated to cause alarm, danger or harm to a person or property, an order can be passed under Section 56(a) of the Act. While issuing notice as well as deciding the matters, the Authorities have taken into consideration five offences which are registered which falls either Chapters 16, 17 or 21 of the Indian Penal Code. If the authority has considered the externment proceedings for the said offences, the notice ought to have been issued under the provisions of Section 56(b) of Bombay Police Act. He submitted that since notice, order of Sub- Divisional Magistrate and Appellate Authority are perused under Section 56(b), the same is totally non-application of mind.