DAYABHAI PREMABHAI Vs. COMMISSIONER OF POLICE SURAT
LAWS(GJH)-1988-3-14
HIGH COURT OF GUJARAT
Decided on March 08,1988

Dayabhai Prembhai Appellant
VERSUS
Commissioner Of Police, Surat And Others Respondents


Referred Judgements :-

MAD MAGAN PATEL V. H. R. GHELOT DY. COMMISSIONER OF POLICE [DISTINGUISHED]
ABEDIN RASUL BOMBAYWALA VS. COMMISSIONER OF POLICE SURAT [REFERRED]



Cited Judgements :-

SULEMAN HUSA DEVJI VS. STATE OF GUJARAT [LAWS(GJH)-1988-9-1] [DISTINGUISHED]
MANUBHAI SUDHABHAI SODHA VS. STATE OF GUJARAT [LAWS(GJH)-1989-3-4] [REFERRED TO]
LAXMANSINGH VIR BAHADURSINGH GURKHA VS. STATE OF GUJARAT [LAWS(GJH)-1989-2-16] [REFERRED]


JUDGEMENT

P.R.GOKULAKRISHNAN - (1.)The petitioner herein has come forward with the present Special Criminal Application for issue of a writ of mandamus or any other appropriate writ or order or direction quashing and setting aside the order of externment dt. 30-7-1987 passed against him. By an order dt. 17-10-1987 the said order was confirmed in appeal. A show cause notice was issued to the petitioner herein on 30-1-1987 alleging the following activities:
(2.)On 12-7-1985 at about 22-15 hours at the Malekwadi Navsari Bazar a crowd of about 100 persons of Hindu and Muslim community had gathered and were exchanging stones and sodawater bottles and in the said incident from the side of Hindu community the petitioner principal person and his associates and some other 50 persons were instigating the residents of the Malekwadi in the name of religion and were further instigating to throw stones and to take part in the incident. The information about the said incident reached the local police in time and therefore the local police came on the spot in time and to disperse the crowd of both the communities teargas shells were burst. If the police had not reached in time due to the activities of the petitioner the communal disturbances would have spread-over the city. The petitioner has a communal bias. He also takes an active part in the communal riots.
(3.)In connection with the aforesaid incident F. I. R. No. 279 of 1985 of Athwa Police Lines Station for offences under Secs. 143 147 188 I. P. C. and 135 of the Bombay Police Act was lodged and the petitioner was arrested at about 20-30 hours on 13-7-1985 in connection with the aforesaid offences. Therefore thereafter charge-sheet the filed and the case is pending for trial.
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