DHONDIRAM APPA HATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner was externed by the order dated 8th November, 1986, passed by the Sub-Divisional Magistrate, Phaltan Division, Phaltan, under section 57 of the Bombay Police Act, 1961. The petitioner has challenged the said order on several grounds.

(2.) Before going into the facts of the case, it may be worthwhile to refer to the provisions of the Act and certain authorities which lay down certain principles relevant to the passing of valid and lawful orders as also indicating what caution and circumspection has to be exercised while considering the validity of the orders of externment passed under section 56 or 57 of the Bombay Police Act.

(3.) In (State of Bombay v. Vishnu Ramchandra) A.I.R. 1961 S.C. 307, the Supreme Court has observed :---