BHARAT RAMBHAU VAIRAGE Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) RULE was already issued and the petition was ordered to be fixed for final hearing at the end of the admission board. The challenge in this petition under Articles 226 and 227 of the Constitution of India is to an order of externment dated 20th November 2008 passed by the Deputy commissioner of Police, Pune city in purported exercise of powers under section 56 (BB) of the Bombay Police Act, 1951. Prior to passing the said order, a show cause notice dated 19th December 2007 was issued to the petitioner.

(2.) THERE are various grounds of challenge incorporated in the petition. The learned counsel appearing in the petitioner has argued following two grounds :

(3.) THE learned A. P. P supported the impugned order by pointing out that the show cause notice issued to the petitioner clearly states that an order of externment is proposed to be passed which will apply to districts contiguous to pune district. He submitted that looking to the prejudicial activities of the petitioner there was every justification for passing the order of externment against the petitioner. The learned A. P. P submitted that there is no scope to interfere in the subjective satisfaction of the Deputy Commissioner recorded while passing the order of externment. The learned A. P. P submitted that considering the nature of prejudicial activities alleged against the petitioner, no interference be made in writ jurisdiction of this Court.