PRAVEEN BHAI TOGADIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two writ petitions have been heard together and are disposed of by this common order.

(2.) THE petitioners, the International General Secretary and Vice President, respectively, of the Vishwa Hindu Parishad, have approached this Court for a writ of habeas corpus/certiorari quashing the externment order under section 3(3) of the Bihar Control of Crimes Act, 1981 (in short 'the Act ') dated 15.8.2003 in Cr.W.J.C. No. 256/2003 and 16.8.2003 in Cr.W.J.C. No. 257/2003, as well as restraint order under section 144(2) of the Criminal Procedure Code dated 14.8.2003. They also seek mandamus to bring them back to Patna and allow them free movement in any part of the State of Bihar.

(3.) THE case of the petitioner in a nutshell is that he came on a two -day visit to Bihar on 15.8.2003 after proper intimation to the concerned officials of the State Government but no sooner than the aircraft landed at the Patna Airport he was served with show cause notice in the aircraft itself, and without giving any opportunity to file show cause much less a reasonable opportunity as enjoined under section 3(1) of the Act; and further without giving any opportunity to consult a lawyer of nis choice as provided in the section, the externment order was served upon him and he was forced to return to Delhi by the same aircraft in gross violation of the statutory rights under the Act as well as the fundamental rights under the Constitution of India.