AKRAM AJIJ SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. The learned APP waives service of notice on behalf of the respondents. By consent, heard finally forthwith. By this writ petition, the petitioner is challenging the externment order passed by the Deputy Commissioner of Police, Zone-II, Pune City, under the provisions of Section 56(1)(a) and 56(1)(b) of The Maharashtra Police Act, 1951 (Act No. XXII of 1951) [Previous short title changed by the Maharashtra (Change of Short Titles of Certain Bombay Acts) Act 2011, (Mah. Act No. 24 of 2012], (hereinafter referred to as "the said Act") and confirmed in appeal by the Secretary (Spl.), Home Department, Government of Maharashtra.

(2.) The petitioner is a resident of 425/26, Audogik Vasahat Zopadpatti, Pune. The petitioner was served with a show cause notice dated 21/1/2013 under Section 59(1) of the said Act, informing him that it had been proposed to extern him from Pune City, Pune District and the adjoining five districts, for a period of two years and calling upon him to show cause why he should not be so externed. The notice referred to clauses (a) and (b) of sub-Section (1) of Section 56 of the said Act. It was alleged in the said notice that offences of serious nature had been registered against the petitioner, by referring to 3 criminal cases pending against him and that, the petitioner had no occupation, that he is addicted to liquor, that, therefore, he threatens persons passing by the road, that he was causing damage to public property etc.; and that because of his terror in the locality, people were not coming forward to lodge a report against him.

(3.) The petitioner appeared before the externing authority and filed his statement of defence. The petitioner, inter alia, denied the allegations made in the show cause notice against him and claimed that there were three cases pending against him and that in those cases he had been falsely implicated and that he would be acquitted from the said cases. The externing authority on 28/3/2013, passed the impugned order, externing the petitioner from limits of Pune city and Pune district for a period of two years under the provisions of Section 56(1)(a) and 56(1)(b) of the said Act.