ROBERT DIEGO MENEZES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The submissions of the learned counsel appearing for the parties were heard yesterday. The judgment was not dictated yesterday as the learned A.P.P had sought time to take instructions.

(2.) In these petitions, the challenge is to orders of externment passed by the Deputy Commissioner of Police under the provisions of section 56(1) read with section 59 of the Bombay Police Act, 1951. My attention has been invited to order dated 07th March 2008 passed by this Court. In terms of the said order, an affidavit has been filed by Shri K.L.Prasad, Joint Commissioner of Police, Bombay.

(3.) The challenge to the orders of externment is on various grounds. The first challenge is essentially on the ground of breach of principles of natural justice. My attention was invited to paragraph Nos.13 to 18 of both the petitions wherein the petitioners have made allegations regarding the manner in which the inquiry was held by the Deputy Commissioner of Police who has passed the orders. Apart from the said allegations, there are various ground urged in support of the petitions. It is contended that extraneous grounds are considered by the Deputy Commissioner while passing the impugned orders. It is contended that the order of externment is itself malafide. The learned A.P.P has invited my attention to affidavit of Shri K.L.Prasad and has submitted that there is no substance in the allegations made against the Deputy Commissioner. His submission is that in this petition under Article 227 of the Constitution of India there is no scope to interfere with the subjective satisfaction recorded by the Deputy Commissioner.