SHAIKH SHAHID AHMAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and heard finally with the consent of Shri Firdos Mirza and Abdul Subhan, learned counsel for the petitioners in respective petitions and Shri S.S. Doifode, learned APP for the respondents.

(2.) These petitions challenge the legality and correctness of the order of externment dated 14.09.2018 commonly passed by the Superintendent of Police, Buldhana, under Section 55 of the Maharashtra Police Act, 1951 (Act of 1951 for short) and also the order passed by respondent No. 5 - Divisional Commissioner, Amravati on 30.11.2018, confirming the order dated 14.09.2018 passed by respondent No. 2.

(3.) Shri Mirza and Shri Abdul Subhan, learned counsel appearing for the petitioners in respective petitions have submitted that the impugned order is bad in law on three counts. Firstly, the notice issued under Section 59 of the Act of 1951 is devoid of the material allegations stated in general terms, thereby giving an inference that there is no material in existence warranting any action under Section 55 of the Act of 1951. Secondly, there is absence of live link between the offences registered and the impression created thereby in the minds of members of public. Thirdly, no effective hearing has been granted to the petitioners.