RAHMAT KHAN @RAMMU BISMILLAH Vs. DEPUTY COMMISSIONER OF POLICE
LAWS(SC)-2021-8-73
SUPREME COURT OF INDIA
Decided on August 25,2021

Rahmat Khan @Rammu Bismillah Appellant
VERSUS
DEPUTY COMMISSIONER OF POLICE Respondents

JUDGEMENT

INDIRA BANERJEE,J. - (1.) Leave granted.
(2.) This appeal is against a final judgment and order dated 29 th January, 2021 passed by the Nagpur Bench of the High Court of Judicature at Bombay, dismissing the Criminal Writ Petition No. 490 of 2018 filed by the Appellant, challenging an order of Externment dated 07.05.2018 passed by the Deputy Commissioner of Police, Zone-1, Amravati City, under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, whereby the Appellant has been directed not to enter or return to Amravati City or Amravati Rural District for a period of one year from the date on which he leaves, or is taken out of Amravati City and/or Amravati Rural District.
(3.) Paragraphs 1 and 2 of the impugned Externment Order are extracted hereinbelow for convenience: "Whereas as per the Order under section 10(2) of the Bombay Police Act (Mumbai 22 of 1951) the Govt. of Maharashtra by Order No.Maharashtra Ordinance No.9/94 dt.24th June, 1994 has directed that, Deputy Commission of Police (Zonal) Amravati will implement the power, work and duties conferred upon him under section 56 of the said Act. Whereas against Rahematakhan @ Rammu Bismillakhan, age 48 years, R/o Chaman Chhaoni, University Road, Amravati the proof of following nature has been submitted before me. 1. Since 2017 due to his act and movement fear has been created in the locality under Police Station, Nagpurigate and Kotwali and to the property of people residing in the nearby surroundings and un-safety has been created in their mind. In future, also there is every possibility of creation of un-safety. (a) The said person by accompanying with his companions is engaged in serious offence like threatening to kill by abusing and demanding ransom to the people residing in area specified above. Offence registered against aforesaid person. JUDGEMENT_73_LAWS(SC)8_2021_1.jpg In this way he is liable to be punished as per Chapter 17 of the I.P.C. (b)The aforesaid person accompanying with his companions is engaged in serious offence like threatening to kill by abusing and demanding ransom to the people residing in area specified above. 2. He has committed activities of the nature as mentioned in paragraph No.1 sub-para No.A and B, so also has committed several activities of the nature mentioned in the show cause notice...." ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.