SHANKAR NARAYAN MOHITE Vs. STATE OF BOMBAY

JUDGEMENT

(1.) IN this petition the petitioner challenges the validity of an order of externment made by the Deputy Commissioner of Police, Crime Branch, C. I. D. dated 6-5-1955 under which he ordered the petitioner to leave Greater Bombay and not to enter the limits of Greater Bombay for a period of 18 months. The order is made under Section 57 Bombay Police Act, 1951, which says that if a person has been convicted under Chapter XVII of the Indian Penal Code the Commissioner specially empowered by the State Government in this behalf, if he has reason to believe that such person is likely again to engage himself in the commission of an offence similar to that for which he was convicted, may direct such person to remove himself outside the area and not to enter or return to the area for a specified period. The powers of the Court to interfere with such an order are limited by Section 61 of the same Act, namely any order passed under Section 57 shall not be called in question in any Court except on certain grounds laid down namely that the procedure prescribed by this Act in Section 59, Sub-section (c) was not followed or that there was no material before the authority concerned upon which it could have based its order or on the ground that the said authority was not of opinion that witnesses were unwilling to come forward to give evidence in public against the person against whom the order is made.

(2.) THEREFORE it is alleged in the petition that he was not given an opportunity as prescribed under Section 59 to call witnesses and to adduce evidence in his favour. That is categorically denied in para 12 of the affidavit in reply which says that the petitioner did not apply for permission to examine any witnesses and when he was asked whether he required time to file a written statement ha replied that he did not wish to file any written statement and the deponent says that after having questioned the petitioner what he had to say in the matter and after hearing him and considering the explanation given by him the deponent of this affidavit was satisfied that the convictions mentioned in the externment, order should be passed. Mr. G. N. Joshi on behalf of the respondents has handed up to me the statement made by the petitioner and from that I am satisfied that this part of the procedure had been sufficiently complied with.

(3.) IT is necessary, to appreciate the other grounds, that I should set out certain dates. The petitioner was arrested on a charge of murder on the 29th of March and he was discharged on the 28th of July. The show cause notice was issued to him on the 4th of May, served on the 4th of May and the order was made on the 5th of May. An appeal was preferred by the petitioner to the Government which was rejected on 31-8-1955 and the petitioner left Greater Bombay on 1-9-1955.