CHHOTU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is an office bearer of the trade union known as "swatrantra Kamgar Sanghatna Nagpur" which is a registered trade union. He used to work with one Girish Mishra, who is the organiser of the said union. There are three cases pending against him, all of the year 1987, and they are under Sections 324, 337 read with S. 34, Indian Penal Code in one case; under Sections 341, 306 (b) Indian Penal Code in the second case; under Sections 448 and 323. Indian Penal Code, in the third case. The cases are pending in the trial Court. Obviously investigation must have been over in those three cases and charge-sheets have been filed. It appears that the cases have not been disposed of the trial court for want of Presiding Officer in that Court.

(2.) DURING the pendency of the said cases, the Deputy Commissioner of Police (C. I. D.) Nagpur passed an order of externment dated 3-7-1987. Similar orders were passed as against Girish Mishra and also against one Deonarayan Yadav. All the three persons including the present petitioner challenged the said orders of externment by filing writ petition in this Court. A Division Bench of this Court allowed the said writ petitions and quashed the externment orders by its order dated 2nd September, 1987. The orders were struck down on the ground that the notices were vague and that the externees were prejudiced in submitting their reply to the said notice.

(3.) SOON thereafter the Deputy commissioner of Police issued a second show cause notice against petitioner on 5-2-1988. The petitioner filed a preliminary statement in reply to the said show cause notice, on 17-2-1988. He was required to show cause by 22-2-1988 and on that date he filed a final statement. It is his grievance that he was required to file such a statement as his advocate was not in a position to come and the advocate had requested that he be allowed to appear and that request was pending consideration by the office. Nothing happened for about two months. However, on 12-4-1988 the notice was amended and he was required to show cause by 23-4-1988. To this amended notice, the petitioner gave no reply. Finally on 22-7-1988 the Deputy Commissioner of Police passed the externment order and he externed the petitioner for a period of two years from the date on which he removes himself from the limits of Nagpur Police Commissionerate and Nagpur Rural District. The petitioner filed an appeal against the said order. The appeal came to be rejected and he was communicated about the same by a very crisp letter dated 19-10-1988. The petitioner has approached this Court challenging the said externment order as also the appellate order by filing the present writ petition.