NAEEM AHMED SHAIKH Vs. ASSTT. COMMISSIONER OF POLICE

JUDGEMENT

(1.) DURING all these years right from 1995, whenever the Petitioner was externed under Section 144 of the said Code, it cannot be said that there was any emergency because the dates of elections, whether Assembly, Parliamentary or Brihan Mumbai, were always notified in advance so also the Ganapati Festival is made known to the public well in advance, and it was, therefore, necessary for the Respondents to give notice to the petitioner for being heard in the matter. Heard Mr. Mohite, the learned counsel for the Petitioner and the learned A.P.P., for the State.

(2.) IT is the grievance of the Petitioner that the provisions of Section 144 of the Criminal Procedure Code are being misused by the Respondents against him only because the Petitioner was facing four criminal cases, and on that basis, every year, right from 1995, the Petitioner was being externed either on account of Assembly Election or Parliamentary Election or the Brihan Mumbai Municipal Elections or on account of festivals like Ganapati Festival, etc. for a period of 3 to 5 days from the area of Pydhonie Police Station, Pydhonie Division, Mumbai.

(3.) THE learned A.P.P. for the State submitted that Sub -section 2 of Section 144 of the Criminal Procedure Code, provides powers to the police to pass ex -parte orders in case of emergency. There is no dispute about the powers of the Police which provide under Sub -section 2 of Section 144 of the said Code. However, the question is whether Sub -section 2 of Section 144 of the said Code can be resorted to for passing an order in case there is no emergency.