BABUBHAI M SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Criminal Application is to quash the externment notice and consequent orders of externment and in appeal which are at Annexures `A `B and `C to the special criminal application. The petitioner herein was externed from Ahmedabad City (Rural) Area Gandhinagar Kaira and Mehsana districts by the externment order dated 4/08/1988 for a period of two years. The said order was confirmed in appeal by the State Government in its Home Department. It is as against these orders the present special criminal application has been filed.

(2.) Show-cause notice was issued under Sec. 59 of the Bombay Police Act by the Police Superintendent (J) Division Ahmedabad City directing the petitioner to show cause against the allegations on 1 at 16-30 hours. The notice further states that the authority concerned will be hearing the petitioner and his witnesses on the said date. In the show cause notice the following allegations were made: It is alleged against you that you are dangerous and head-strong person You are committing crime of force and violation. You are doing such acts in Paldi museum Kagdiwad Road Madalpur Village Paldi Village Paldi Sanskar Kendra Behind V. S. Hospital area which is within the jurisdiction of Ellisbridge Police Station. You are committing such activities above area in following manner:

(3.) Mr. G. D. Bhatt learned Additional Public Prosecutor pointed out that the translation of the show cause notice is defective since in the Gujarati version the period and place have been specifically mentionned in the allegations referred in the show cause notice. After reading Gujarati version by my learned Brother Justice (Chauhan it is clear that the show cause notice mentioned the period and place. Mr. V. M. Trivedi learned Counsel appearing for the petitioner has to accept that in the general allegation there is a mention to the effect that the petitioner has indulged in such activities from August 1986 onwards. He has also seen that in the allegation No. 2 in the show cause notice there are words residing in the aforesaid localities find place in the Gujarati version. if these particulars were to be there in that translation the argument as if the place and time of the occurance have not been given cannot have any substance. Hence we proceed on the basis that in the allegations the area and specific period have been given and with these allegations the petitioner was asked to show cause for the same. In response to the notice the petitioner has given his explanation and submitted his written submission as late as 6-6-1988. On 4-8-1988 the externment order was passed. Before passing this externment order the authorities concerned have examined is witnesses produced by the petitioner.