BABAKHAN ALIAS NARSINGH GULAMMOHAMAD PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner challenges the order of externment passed by the Dy. Commissioner of Police Baroda City and confirmed in appeal by the State Government. By the said exterment order the petitioner was directed to be externed for a period of one year from the area of jurisdiction of Baroda City Police Commissioner and areas of Baroda Rural and contiguous Districts of Kheda Punchmahals and Bharuch. The allegations in the show cause notice are as under: You are the dangerous fanatic person a head-strong person committing anti-social activities. Allegations against you are that you are committing acts wherein duress and violence is involved in Nava Yard area coming within the limits of Sayaji Ganj Police Station since October 1984 till date and by your this movement you are dangerous and injurious to the lives and properties of the people of Nava Yard area. 177 (1) You are selling liquor in the area of Nava Yard yourself and engaging accomplices and servants and violate Prohibition Acts and with a view to carry on the business of liquor smoothly and without any prohibition you quarrel with the peaceful citizens of this area for one reason or the other and thereby beat them and by showing knife threat of killing them. By doing so you create the atmosphere of fear and oppression in the society and thereby create disorder. (2) You play mischief with the innocent women staying in Nava Yard area and you beat the innocent citizens asking him not to do so by exciting upon them and by showing knife to them and threat them that if they would lodge complaint with police they would be killed. (3) You play gambling near the buildings of the citizen of Nava Yard area and sell the liquor and if you are asked not to do so you get excited and threat of killing by showing knife. (4) You purchase materials from the merchants and do not pay its money and if the merchant demands the said outstanding amount you abuse and threat by saying whethere you want to to do the business here or not and thus you create disorder in the society by spreading the atmosphere of fear and oppression in the society. (5) You take loan amount from the people and do not repay the said money to them and on demanding the said amount from you you get excited and say by showing knife that what money do you want if you want to save your life you go away by saying so you threat them. (6) You demand for vehicle from the public and get vehicles forcibly and you show knife to the people who refuse to give vehicle and thereby give threat to kill them. By doing so you create disorder in the society by creating atmosphere of fear and oppression. (7) There is a reasonable cause to believe that you are committing offences punishable under Chapter 16-17 of the Indian Penal Code. The victimised witnesses being afraid of their lives and properties are not willing to give their testimony in public against you.

(2.) The show cause notice states that since the criminal activities of the petitioner were continuing and the people were terrorised there appear to be a definite possibility of the petitioner committing such offences in future. The petitioner was alleged to be a nuisance and oppressive to the Society and the petitioner is alleged to have been spreading the atmosphere of fear and oppression amongst the citizens. Therefore it was proposed to extern the petitioner from the District of Baroda and other contiguous Districts for a period of two years. After giving an opportunity to render his explanation and lead evidence the externing authority came to the conclusion that the allegations in the show cause notice were supported by evidence and after considering the explanation and the affidavit produced by the petitioner in his defence the externing authority was satisfied that the petitioner is a very dangerous and head strong person and indulging in the acts of violence and force punishable under Chapter 16 of the I.P.C. The externing authority was also satisfied that the witnesses were not prepared to come for ward to give evidence in public due to the fear and danger to their lives and properties and therefore the order for externment for a period of the year from Baroda City and other contiguous Districts was passed.

(3.) The learned Counsel for the petitioner has raised the following contentions. 178