K.J.Vaidya - (1.)In this petition under Art. 226 of the Constitution of India, one Vikram Maya Maiya-the petitioner externee herein has brought under challenge the impugned order of externment dated 5/05/1989, passed by the Sub-Divisional Magistrate, Veraval, whereby he was ordered to be externed from the District of Junagadh and other adjoining Districts.
(2.)Briefly, the petitioner at the relevant time was a resident of village Pikhor of Taluka Maliya-Hatina. He was served with an externment notice dated 20th March, 1989, passed by the Sub-Divisional Magistrate, Veraval, under Sec. 59 of the Bombay Police Act, 1951, calling upon him to show cause why he should not be externed from Junagadh as well as its adjoining Districts for a period of two years. The said notice contains the following allegations :- (a) that it has been alleged against you that you are in habit of beating and administering threats to the people and passers-by, committing thefts, extortion and molesting the ladies; (b) that any person who dares to allege against you against any of the activities, you give them threat of killing and cause damage to the life and property and because of this fear, the residents of village Pikhor are afraiding to complain against you in public; (c) that these activities of yours are day-by-day increasing. By disturbing law and order situation you are terrorism the people of village Pikhor and round about areas; (d) that you are residing at village Pikhor with your family members and you are maintaining yourself by distilling, selling and consuming illicit liquor. In this way, you have committed breaches of the Bombay Prohibition Act and many complaints are registered against you.
(3.)The aforesaid show cause notice was received by the petitioner on 2 4/03/1989 and that in response to the same, he appeared before the externing authority on 1/04/1989 with a surety. Ultimately, at the end of the proceedings, by an order dated 5/04/1989, the petitioner came to be externed for two years from the District of Junagadh and its other adjoining Districts.