SHIVAJI SIDRAM BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the Petitioner has challenged the order dated 8th December 2005 passed by the 3rd Respondent under section 60 of the Bombay Police Act, 1951. By the said order, the Petitioner has been ordered to be externed from Thane, Mumbai, Mumbai Suburban, and Raigad Districts for a period of two years. The Petitioner has also challenged the order dated 17th March 2006 passed by the 1st Respondent in the statutory appeal by which the order dated 8th December 2005 has been confirmed.

(2.) THE learned Advocate for the Petitioner submitted that even according to the case of the 3rd Respondent all the alleged prejudicial activities of the Petitioner are confined to the Taluka Bhiwandi and Taluka Kalyan of District Thane. He submitted that no reasons are mentioned in the order for extending the order of externment to Mumbai and Raigad Districts. He submitted that the order of externment is excessive and deserves to be quashed and set aside. He placed reliance on a decision of this Court in the case of Ganpat alias Ganesh Tanaji Katare v/s. Assistant Commissioner Police and others (2005 All M.R.(Cri.) page 2717). The learned A.P.P. supported the impugned orders by pointing out the nature of prejudicial activities of the Petitioner.

(3.) THE learned A.P.P. placed reliance on the decision of the Apex Court in the case of Pandharinath Shridhar Rangnekar v/s. Deputy Commissioner of Police, reported in (1973) 1 S.C.C. page 372 and submitted that the Apex Court has upheld an order of externment from the Districts of Mumbai and Thane on the ground of availability of fast modes of transport. A perusal of the said decision shows that the Apex Court confirmed the view taken by this Court on the ground that the view taken by this Court pertains to the matters of local colour and conditions. The Apex Court accepted the view of this Court that the Greater Bombay and Thane Districts are intimately connected with each other not only considering the availability of several modes of transport but other factors such as contiguous industrial area, availability of suburban trains etc. It was also accepted that the said two districts form a single unit. That is the reason why the Apex Court confirmed the externment of the Petitioner before it from Mumbai and Thane Districts though his prejudicial activities were confined to Greater Mumbai.