MUSTUFAMIYA PIRSAHEDMIYA SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) : In this writ petition under Article 226 of the Constitution of India, the prayer is made for quashing the externment order dated 7-9-98 and order of the appellate authority dated 13-10-98 passed against the petitioner under Section 56 of the Bombay Police Act, externing him from Ahmedabad City, Ahmedabad Rural, Gandhinagar, Kheda and Vadodara Districts for a period of two years.

(2.) The brief facts are that a show cause notice Annexure "C" to the writ petition under Section 59 of the Bombay Police Act was issued to the petitioner to show cause why he should not be externed for a period of two years from the aforesaid districts. Subjective satisfaction was arrived at by the Externing Authority on the basis of 3 criminal cases registered against the petitioner, the details of which are given in the show cause notice. Besides this, the Externing Authority also considered the statements of 7 witnesses recorded by the police. On the basis of these statements, the Externing Authority came to the conclusion that the petitioner was creating communal disturbances in the village and was causing hurts to the religious feelings of the two communities namely Hindus and Muslims and was also giving threats to managers of the religious institutions.

(3.) In response to the show cause notice the petitioner appeared and filed his defence. The externing authoirity after considering the material on record passed the impugned order Annexure "B" against the petitioner. Petitioner preferred an appeal which was dismissed by the appellate authority vide Annexure "A". It is therefore, this writ petition.