ASIF GULAM RASOOL PATEL Vs. R B GAVIT

JUDGEMENT

(1.) BY this petition show cause notice issued against the petitioner on 20th July 1996 under Section 59 of the Bombay Police Act has been challenged.

(2.) IN order to dispose off this petition it would be necessary to give briefly the historical background of this petition. Earlier externment order was issued against the father of the petitioner on 24/1/85 which was revoked by the Appellate authority i. e. Government of INdia. Thereafter the Sub Divisional Police Officer issued a fresh show cause notice under Section 59 not only against the father of the petitioner but also against the petitioner on 10/5/90 which were the subject matters of Cri. Writ Petition Nos. 740 and 742 of 1990 in this Court. The show cause notices issued in May 1990 were struck down by the order dated 23rd July 1990 passed by the Division Bench of this Court on the ground that the same material was relied on in the show cause notice issued in May 1990 which was relied on in the earlier externment order passed in January 1985 against the father of the petitioner. Earlier externment order was quashed by this Court on the ground that there was no proximity between the material relied on against the petitioner which was of the year 1980 except one incident of February 1985. Thereafter a show cause notice was issued against the petitioner in May 1995 which was challenged by the petitioner by filing Criminal Writ Petition No. 665 of 1995. The said show cause notice was challenged on various grounds including the ground that the officer who had issued the said order was biased against the petitioner as he wanted to favour the opponents of the petitioner. By the order passed on 19th October 1995 of this Court (Coram : Rane J.) the Court directed that the proceedings should be initiated by other officer. Though the said order was passed by this Court on 19th October 1995, the present show cause notice, a copy whereof is annexed as Exhibit "e" to the petition, was issued as late as on 20th July 1996 by another officer relying on various cases registered against the petitioner right from the year 1981 up to the year 1994. The said show cause notice is under challenge in this petition.

(3.) IN my view, for the aforesaid reasons the show cause notice is liable to be quashed and set aside.