JITENDRA ARJUNDAS RIJAWANI Vs. ASSISTANT COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS petition challenging the order of externment can be disposed of on a short point. It is seen that the order of externment was passed by D. C. P. Zone I. V. , Ulhasnagar, District-Thane and the petitioner came to be externed from the Districts of Thane, Raigad and Greater Bombay. This order was challenged by the petitioner before the Government of Maharashtra by filing appeal, and after hearing, the Government dismissed the appeal of the petitioner. In fact, the appellate judgment for the first time disclosed that the externing authority had delivered a judgment in support of externment order. It was submitted by Shri Mundargi for the petitioner that copy of the said judgment was never supplied to the petitioner nor there was communication that such judgment was delivered. Hence, it is submitted that right of appeal which was vested in the petitioner could not be properly exercised by him and has rendered illusory. Shri Galeria, A. P. P. for the respondent-State was unable to point out that copy of the judgment was delivered to the petitioner at any time. Affidavit-in-reply filed on behalf of the respondent-State does not contain any statement about existence of such Judgment and delivery of copy thereof to the petitioner. In view of the decision in A. I. R. 1956 S. C. 559, which says that right of appeal is not at all illusory, it is clear that the petitioner in this case could not exercise right of appeal properly and had the copy of the judgment been supplied to him, he could have put-forth his submission against the same.

(2.) ACCORDINGLY, order of the appellate authority will have to be set aside and matter will have to be remitted back to the State Government of Maharashtra for disposal afresh, after supplying copy of the judgment of the Externing Authority to the petitioner. Petitioner is permitted the re-entry to Ulhasnagar on condition that he would report to Ulhasnagar Police Station twice in a week on Monday and Friday at any time between 8 a. m. , to 8 p. m. Rule is made absolute accordingly.