MOHAMMAD AYUB KHAN Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus to declare the final orders of externment passed under Section 26(1)(a) of Hyderabad City Police Act, 1348 Fasli (for short 'the Act') by the second respondent in No. SB(1) No. 1/Ext/S-1/99, dated 31-5-1999 as illegal and for a consequential direction to quash the same.

(2.) The learned counsel for the petitioner submitted that the petitioner never indulged in any of the offences alleged by the police. Though the police booked the petitioner falsely in the cases, he was acquitted by the competent Court of law. Crime No. 22 of 1998 on the file of Shah-ali-Banda Police Station is registered against the petitioner, however, the police did not file charge sheet till today. Another Crime No. 19 of 1999 on the file of the II Metropolitan Magistrate, Hyderabad is pending against the petitioner and the petitioner was released on bail with a condition to attend the Police Station daily between 5-00 and 6-00 p.m. It is further submitted that a rowdy sheet was opened against the petitioner without any justification and final order dated 31-5-1999 was passed by the Commissioner of Police for removal of the petitioner, himself, immediately from the limits of Hyderabad City for a period of six months from the date of said order. It is further submitted that the said final order is illegal and tantamounts to invasion of the fundamental rights of freedom of movement and liberty guaranteed under Art. 21 of the Constitution of India. It is further submitted that the said notice does not stand on sound reasoning. As per S. 26(9) of the Act, an appeal is provided to the government within thirty days from the date when such order is made. However the same was served on the petitioner on 26-6-1999, i.e. after 26 days from the date of impugned order and thus the right of appeal is taken away. It is further submitted that no reasons are given in the impugned order; that no witness has come forward and that no affidavit has been filed in support of the allegations made by the Commissioner of City Police and, therefore, the order of the Commissioner of City Police is illegal and is liable to be set aside.

(3.) The learned Government Pleader for Home based on the counter-affidavit filed by the Commissioner of Police, Hyderabad City submitted that the petitioner is not a law abiding citizen; is a communal rowdy sheeter and indulged in a number of unlawful activities and caused breach of peace and tranquillity in the area. He also maintains a gang of unsocial elements and commits communal offences, murders, attempt to murders, robberies, extortions etc., under Police Station limits of Kalapather, Hussaini Alam, Kamatipura and Shah ali-Banda.