SURYANATH MANAI YADAV Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) Heard Counsel for the petitioner and A.P.P. for the State.

(2.) The petitioner is challenging order of externment dated 19th September, 2009.

(3.) It is submitted that the order of externment is excessive inasmuch as though the Show Cause Notice states that the appli-cant should be externed from four districts, the final order of externment states that he shall be externed from five districts and in the said final order, the two districts which are mentioned in the Show Cause Notice have been deleted and three new districts have been mentioned in the said order. It is, therefore, submitted that there is gross vio-lation of Article 19 of the Constitution of India and on that ground, the said order itself is liable to be set aside. It is submit-ted that by passing the said impugned or-der, the externing authority has passed an order of extraneous consideration since the Show Cause Notice does not mention that the petitioner had carried on any pre-judi-cial activity in the districts which are men-tioned in the final order.