MOHAMAD SIDDIKI HAJI MOHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition takes an exception to the order dated 17th August, 2012 passed by the Principal Secretary (Special), Home Department, Mantralaya, Mumbai in Appeal No. Ext. 112 of 2012 as well as order dated 22nd March, 2012 passed by the Respondent No. 2, i.e. the Deputy Commissioner of Police, Region-2, Bhiwandi, District: Thane, in Case No. Externment/SR/ 97/2012, thereby externing the Petitioner from Thane District for a period of one year under Section 56(b) of the Bombay Police Act, 1951. It is the case of the Petitioner that from last several years he is working for Republican Party of India. It is the case of the Petitioner that the Respondent No. 4 by Report dated 8th August, 2011 informed the Respondent No. 2 herein that, the movements and acts of the Petitioner are causing harm to the Society and the Petitioner has committed the offence under Chapters XVI and XVII of the Indian Penal Code. On the basis of the said Report, the Respondent No. 4 has requested the Respondent No. 2 to issue externment order qua the Petitioner.

(2.) It is further case of the Petitioner that, the Respondent No. 2 herein has taken the cognizance of the Report filed by the Respondent No. 4 and on 12th January, 2012, issued show cause notice to the Petitioner under Section 59 of the Bombay Police Act, 1951. The Petitioner was directed to remain present on 20th January, 2012 for furnishing his explanation to the show cause notice.

(3.) It is the contention of the Petitioner that there are only three criminal cases pending against him. Out of three pending cases, in two cases, the Complainant is party in the civil dispute. It is the contention of the Petitioner that the civil litigation between the Petitioner and the said Complainant is pending before the competent Civil Court.