BAKHTYAR AHMED MUKHTTAR SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As the substantial question of law involved in all the petitions is same, the Special Criminal Application No. 2666 of 2018 is treated as a lead matter.

(2.) The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of challenging the legality and validity of the impugned order dated 13.03.2018 passed by the respondent authority whereby for a period of two years the petitioner has been ordered to be externed form the commissionerate of Surat City as well as from the district of Surat.

(3.) The case of the petitioner is that one complaint is lodged before the Adajan Police Station, City of Surat against some 18 specifically named persons along with 150 to 200 persons for an offence punishable under Sections 307 , 326 336 , 337 , 354(a) , 509 , 143 , 144 , 147 , 149 of the Indian Penal Code and under Section 135(1) of the GP Act. The said FIR was registered on 07.12.2016. It is further the case of the petitioner that there is a cross complaint filed in connection with CR No. I-153 of 2016 before the Adajan Police Station against six named persons on that very day i.e. on 07.12.2016. The petitioner has specifically agitated that leaving aside all these persons the persons who have been specifically named in cross complaint, the externment notice has been served upon the petitioner only after almost a period of more than five months on 08.05.2017. The said notices have been served on 22.05.2017 calling upon the petitioner to appear before the authority and to explain as to why the petitioner should not be externed from the city of Surat as well as areas of Surat (Rural), Navsari, Bharuch, Tapi, Narmada, Valsad and Dang for a period of two years. The petitioner as a result of this has submitted Special Criminal Application No. 6330 of 2017 challenging the legality and validity of the show cause notice dated 08.05.2017. However, the Hon'ble Court vide order dated 22.08.2017 had granted interim relief to the petitioner and finally disposed of the petition by issuing directions to the respondent authority vide order dated 05.10.2017. It is further the case of the petitioner that despite the aforesaid fact that without application of mind and without giving the any opportunity of hearing the authority has issued further notice in connection with the very same episode on 04.01.2018 thereto after lapse of merely 14 months from the date of offence and after lapse of three months from the directions of the High Court. By issuing further notice the petitioner is calling upon to remain present before the Assistant Police Commissioner, 'A'-Division, Surat City on 11.01.2018 at 12:00 p.m.