MEHRUNISA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in the present petition preferred under Articles 21 and 226 of the Constitution of India is the order dated 12.04.2019 passed by the respondent No.3-Sub Divisional Magistrate, Bharuch in Externment Case No.6/2019/VASHI 1053 to 1057, whereby the petitioner has been exterend from Bharuch, Vadodara, Surat and Narmada City for a period of one year. Against the aforesaid order, the petitioner preferred appeal being Hadpari Appeal No.52 of 2019, which has been partly allowed vide order dated 27.05.2019 by the respondent No.2-Additional Secretary Home Department, whereby the respondent No.2 has quashed and set aside the order of externment qua Vadodara, Surat and Narmada and confirmed the order qua Bharuch District only.

(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 24.01.2019 is without application of mind, wherein the externing authorities has mentioned that the petitioner should be externed from city and rural limits of districts of Bharuch, Narmada, Surat and Vadodara for a period of two years. No reason has been given in the show cause notice why externment from this district was proposed, when the activities of the petitioner was confined only to the district of Bharuch