BHARTARI Vs. SUPERINTENTENDENT OF OPLICE, GONDIA

JUDGEMENT

(1.) Since the impugned orders passed by the respondent nos. 1 and 2 in the present petitions are common, all the petitions can be conveniently disposed by common judgment.

(2.) In these petitions, the petitioners have challenged the externment order dtd. 14/01/2021 passed by the Superintendent of Police, Gondia as well as appellate order dtd. 03/03/2021 passed by the respondent no. 2 - Divisional Commissioner, Nagpur Division, Nagpur whereby the order of externment passed against the petitioners was confirmed.

(3.) The petitioners were issued notice dtd. 17/09/2020 by the Superintendent of Police, Gondia under Sec. 59 of the Maharashtra Police Act, 1951 (for short "the said Act") calling upon them to show cause as to why they should not be externed out of the limits of Gondia District. The proceedings were initiated under Sec. 55 of the said Act. The said notice was issued to six persons out of which three are before this Court by way of the present writ petitions. The petitioner - Nilesh Umrao Ukey in Criminal W.P. No. 257/2021 is described as the leader of the gang. The notice dtd. 17/09/2020 mentions, in all, nine cases against all the proposed externees right from the year 2011. The cases are under the Mines and Minerals Act and under Sec. 379 of the Indian Penal Code. The petitioners participated in the proceedings and filed their written statements and denied all the allegations. They submitted that there is no gang nor any gang leader as alleged. It is also stated that for formation of gang, there has to be repeated offences committed by each and every member of the gang. They submitted that since the offences are not serious in nature, the proposed action against them should be dropped.