HEMANT RAMSINGH PARDESHI Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner is an externee who by an order passed on 5th July, 1999 by Deputy Commissioner of Police, Surat city, Surat has been externed from the jurisdiction of Police Commissionerate, Surat city and the territories of Districts of Surat Rural and Navsari for a period of two years. He has challenged the order of externment by this petition under Art. 226 of the Constitution of India.

(2.) . A show cause notice under Sec. 56 Clauses [a] and [b] came to be issued on the petitioner on April 2, 1998, as required under Sec. 59 of the Bombay Police Act [ 'the Act' for short]. On April 22, 1998. the Deputy Commissioner of Police passed an order directing the petitioner to give security for good conduct. Thereafter, on July 05, 1999, the impugned order of externment came to be passed. No fresh notice nor audience was given to the petitioner before passing that order. The said order was challenged in appeal under Sec. 60 of the Act to the State Government on July 26, 1999. The appeal came to be dismissed by an order dated September 17, 1999.

(3.) . The petitioner challenges the impugned order of detention and the order in appeal mainly on the ground that the order in question has been passed without any audience. The authority concerned has taken into consideration certain factors which are extraneous to the original notice. The authority could not have passed this order on the basis of notice served earlier, as pursuant to the notice, an action of taking security for good conduct has already been taken and therefore, the order is passed in total neglect of Sec. 59 of the Act. It is denial of a legal right of the petitioner and therefore, the same may be quashed.