ANTHONY MAIN ARMAGAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the present criminal application under Article 226 of the Constitution of India, the petitioner seeks to quash the order of externment dated 11th December, 1974 passed by the Deputy Commissioner of Police, Zone-I, Greater Bombay, under section 56(a)(b) of the Bombay Police Act, 1951.

(2.) The few facts giving rise to the passing of the impugned order are as follows : The petitioner came from Madras State at the tender age of about 14 or 15 years and since then he has been permanently residing in Dhobi Talao areas, Bombay. After coming to Bombay, the petitioner did odd jobs off and on and worked as hotel boy in Kayani and Bastani Restaurants situated at Dhobi Talao. For the last over 10 years, the petitioner has been residing on the 2nd floor of Chokshi Building 4th Marine Street, Dhobi Talao, Bombay. In February 1974, he was employed be one Ramchandra Bandu Mane carrying on business of foot-wear manufacturer at Byculla, Bombay. Prior thereto, he had worked in David Printing Press also situated at Dhobi Talao area. According to the petitioner, he was taking keen interest in social and religious activities of the residents of Dhobi Talao area by organising festivals, especially Ganpati. On Timothy DSouza who himself was once externed and against whom an order of detention under MISA was issued for conducting Matka betting and liquor manufacturing activities in Dhobi Talao area, inspired and instigated externment proceedings against the petitioner. DSouza was on friendly terms with the Azad Maidan Police Station and Crime Branch, C.I.D. The petitioner gave several written complaints to the higher authorities against DSouza and his Police Officer friends. According to the petitioner, this created bad feelings and ill-will with the officers of Azad Maidan Police Station, and in these circumstances, a show cause notice dated 29th July, 1974 under section 59 of the Bombay Police Act, 1951, was served upon the petitioner by the Assistant Commissioner of Police, A Division Bombay.

(3.) The allegations levelled against the petitioner were that since July 1973 in the localities known as Trinity Street, M.K. Road, Hamalwadi, Marine Lines, and the areas adjoining thereto in Bombay, the acts and movements of the petitioner were causing and were calculated to cause alarm, harm and danger to the residents and shop-keepers of the said localities. The following two instances are quoted :---