LAWS(GJH)-2019-8-43

RUKHIBEN Vs. STATE OF GUJARAT

Decided On August 29, 2019
RUKHIBEN Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Challenge in the present petition preferred under Articles 21 and 226 of the Constitution of India is the order dated 13.2.2019 passed by the respondent No.3 in Externment No.HADPARI/CASE/Registration No.4/2016.

(2.) Heard the submissions of learned advocates appearing for the petitioner and learned APP for the respondent State.

(3.) The petitioner challenged the impugned order on various grounds that the externment order is passed without application of mind. According to the petitioner, the show cause notice issued to the petitioner dated 25.05.2016 is without application of mind, wherein the externing authority has mentioned that the petitioner should be externed from districts of Morbi, Rajkot city, Rajkot Rural, Surendranagar, Katchh (Bhuj) and Jamnagar. No reason has been given in the show cause notice why externment from these districts was proposed when the activities of the petitioner was confined only to the district of Morbi.