SALIM ANWAR BADSHAH SAYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned A.P.P for State. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 27th April 2012 passed by the Deputy Commissioner of Police by which the petitioner was ordered to be externed in exercise of power under section 56(a) of the Bombay Police Act, 1951 (hereinafter referred to as the said Act) from Mumbai as well as Mumbai suburban Districts for a period of two years. The only submission made by the learned counsel for the petitioner is that while passing the impugned order, extraneous material has been considered by the externing authority. The learned A.P.P supported the impugned order. We have perused the show cause notice under section 59 of the said Act which was issued on 20th December 2011 by which the petitioner was called upon to show cause as to why he should not be externed. In show cause notice, reliance was placed on 9 offences allegedly registered against the petitioner. The impugned order of externment shows that the reliance has been placed on TWO other offences and one N.C. Case registered against the petitioner. In show cause notice, there is absolutely no reference to additional three offences which are considered by the Externing Authority.

(2.) The order of externment affects a liberty of an individual. The said Act contemplates show cause notice to be issued to the externee before passing an order of externment. Moreover, the externee is entitled to adduce evidence by examining the witnesses. In the present case, the show cause notice did not refer to three offences which are considered while passing the order of externment. The petitioner was deprived of an opportunity to deal with the allegations in relation to the said three offences. Therefore, not only that there is a breach of principle of natural justice but while passing the order of externment, extraneous material has been considered. In the circumstances, the impugned order of externment is rendered illegal and hence, we quash and set aside the same. Hence, we pass the following order: