MANOJ JAYANTIBHAI VAVALIYA Vs. STATE OF GUJARAT
LAWS(GJH)-2014-2-40
HIGH COURT OF GUJARAT
Decided on February 19,2014

Manoj Jayantibhai Vavaliya Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

S.H.VORA, J. - (1.) THE petitioner, who is the externee, has challenged the order of externment dated 19.8.2013 passed by the respondent No.3 in Hadpari Case No.49 of 2013 as well as order dated 2.1.2014 passed by the respondent No.2 in Appeal No.529 of 2013.
(2.) THE Deputy Police Commissioner issued a notice on 29.11.2012 under section 59 of the Act to the petitioner detenue inter alia alleging in the notice that the petitioner is a dangerous person and doing his activities by using force or violence. There is a specific allegation in the notice that the petitioner detenue was doing all these activities with the help of his associates within the jurisdiction of concerned Police Station. In response to the show cause notice, the petitioner submitted his explanation. After examining the explanation, the respondent No.3 has passed the order of externment on 19.8.2013 externing the petitioner for a period of two years from the area falling in the Commissionerate of Ahmedabad, Ahmedabad Rural, Gandhinagar, Kheda and Mehsana. The petitioner preferred appeal under section 60 of the Act. The said order of externment was modified by the appellate authority vide order dated 2.1.2014, whereby the externing authority was pleased to reduce the period of externment from two years to one year and further it was restricted to the limit of Commissionerate of Ahmedabad city.
(3.) LEARNED advocate for the petitioner contended that there is delay in passing the externment order passed by the externing authority and therefore, the order of externment should be quashed. It is also submitted by him that the authorities concerned have mechanically passed the order and externed the petitioner after the delay of nearly nine months.;


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