SHAIKH KHALLEEL SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition,order of externment passed by the Sub-Divisional Magistrate, Malegaon, dated 15-12-1995, as confirmed by the Government of Maharashtra in Appeal No. Ext. 1796/12/SPL-5, dated 19th February 1996, is challenged and rule has been issued by this Court. On behalf of the Respondent-State affidavit-in-reply has been filed on 27-1-1997.

(2.) I have heard Shri Shaikh for the petitioner and Shri Galeria, APP for the respondent-state. It will at once be seen that the impugned order cannot be sustained on the ground that extraneous material has been used by the Externing Authority while passing the order of externment which was not disclosed to the petitioner,in the notice served upon the petitioner under section 59 of the Bombay Police Act. The Division Bench of this Court in 1987 (1) Bom.C.R.427 (Khairnmissa Mohamad Vs. Sub-Divisional Magistrate, Miraj), has clearly held that the order of externment passed on the basis of the material which was not disclosed to the Externue in the show cause notice, is liable to be quashed and set aside. The externment order in question goes to show that certain in-camera statements were perused by the Externing Authority while no reference there was given in the notice served upon the petitioner. As such, on this ground alone, the order impugned in this petition will have to be quashed and set aside, particularly, when on the face of it the order appears to be excessive,since petitioner has been externed from the districts of Nasik, Jalgaon, Dhule and Ahmednagar when his activities were restricted only to Malegaon city. Accordingly, rule will have to be made absolute.