AFJALKHAN SULEMANKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE only point urged by Mr. S. A. Jaiswal, learned Counsel for the petitioner in the present writ petition is that the respondent No. 2 Deputy Commissioner of Police, East Zone, Nagpur, who passed an externment order under section 56 (a) and (b) of the Bombay Police Act, 1951 (for short "the Act") was not authorised and competent to do so under sub-section (2) of section 10 of the said Act. In this connection, Mr. Jaiswal submitted that no notification authorising the respondent No. 2 Deputy Commissioner of Police, East Zone, Nagpur, has been issued and published by the State Government. The learned Counsel for the petitioner has also relied upon the judgment of this Court in Criminal Writ Petition No. 247 of 1993, (Raju v. State of Maharashtra) in support of his contention.

(2.) BEFORE I advert to the aforesaid contention, brief facts of the case may be noted. In view of the various criminal cases pending against the petitioner, a show cause notice under section 59 (a) of the Act was issued to the petitioner as to why he should not be externed under section 56 of the Act for two years from Nagpur, Nagpur Rural, Wardha, Bhandara and Yavatmal Districts. The petitioner filed a reply and thereafter the Deputy Commissioner of Police, East Zone, Nagpur, on 10-8-1993 passed the following order. Now, therefore, in exercise of the powers vested in me under section 56 of the said Act, I, Jawahar Singh, Deputy Commissioner of Police, East Zone II, Nagpur, hereby direct that Shri Afajalkhan s/o. Sulemankhan Pathan Musalman, aged 41 years, r/o. Gittikhadan, Azadnagar, P. S. Sadar, Nagpur, shall remove himself outside the limits of the following districts i. e. Nagpur City, Nagpur Rural, Wardha, Bhandara and Yavatmal by the following route i. e. by Howrah Bombay Railway route going towards Bombay within two days from the receipt of this order and he shall report about the place of his residence to the officer-in-charge of the nearest police station in that district, once in every month. If the case pending against him in case he is convicted in the said case and is sent to the jail for undergoing any imprisonment he shall remove himself within two days from the date of this release from the jail and, I further direct that he shall not enter or return to the said areas for a period of two years from the date on which he removes himself or is removed outside the limits of Nagpur Police Commissionerate, Nagpur Rural, Wardha, Bhandara and Yavatmal Districts without the permission in writing from the Deputy Commissioner of Police, Zone II, Nagpur or the Government of Maharashtra.

(3.) AGGRIEVED by the order of the Deputy Commissioner of Police, East Zone, Nagpur, passed on 10-8-1993 externing the petitioner from the areas referred to therein the petitioner filed an appeal under section 60 of the Act before the Government of Maharashtra. No merit was found in the appeal by the Appellate Authority and the order of externment passed by the Deputy Commissioner of Police on 10-8-1993 was maintained.