- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order of the High Court of Bombay in Criminal Writ Petition No. 135 of 2002 wherein the High Court has confirmed the order passed by the Deputy Commissioner of Police, Aurangabad dated 9-11-2001 under S. 56(1)(a), (b) and (bb) of the Bombay Police Act, 1951 (hereinafter referred to as 'the Act') externing the appellant from Districts of Aurangabad, Jalgaon and Jalna for a period of two years. Appellant was directed to inform his residential address to the nearest Police Station within whose jurisdiction he would reside during the period of externment and also to report to that police station at least once in a month. The said order was confirmed by the Principal Secretary (Appeals and Security) to the Government of Maharashtra, Home Department on 24-1-2002.
(3.) Briefly stated the facts are : The appellant was served with a notice dated 3rd September, 2001 on 5th September, 2001 issued under S. 59 of the Act by the Assistant Police Commissioner, Aurangabad City. The notice referred to three criminal proceedings registered against the appellant. It was alleged in the notice that movements and activities of the appellant had caused alarm in the locality and created an atmosphere of terror. It contained details of three incidents having occurred within a period of fortnight or a month prior to the date of notice wherein the appellant had threatened the people for seeking their co-operation in teaching a lesson to Hindu community. It was mentioned that the appellant had established contacts with SIMI (Students Islamic Movement of India), an organisation engaged in activities against communal harmony and national security and in such capacity having participated in a programme of burning the effigies of leaders of RSS and VHP, thereby causing communal tension in the locality. It was also alleged that the appellant got himself elected as a Corporator on the basis of a false caste certificate obtained by him. It contained the details of an incident in which the appellant had extorted Rs. 700/- about 4/5 days prior to the date of notice in the middle of the night.;