SITABEN M THAKORE Vs. COMMISSIONER OF POLICE AHMEDABAD

JUDGEMENT

(1.) The petitioner's husband Shri Mangaji Chanduji Thakore is under externment order dated 13-7-1995 passed by the Deputy Commissioner of Police (Administration) Ahmedabad City. The said order has been confirmed in appeal by the order of the Deputy Secretary. Home Department (Special), dated 5-1-1996. The impugned order of externment dated 13-7-1995 is preceded by notice under Sections 59(1)(d) of the Bombay Police Act, 1951 (hereinafter referred to as 'the Act of 1951), dated 25-2-1996. It is alleged that the externee is running a den to sell illicit liquor. The notice refers to the activities of the externee which according to the detaining authority amounts petitioner being of ferocious nature, head strong as well as in general, of a dangerous person. He has resorted to several acts whereby the people of the areas of Swastik Char Rasta Bus Stand, Panjarapole, Law Garden, Girish Cold Drinks, Commerce Six Roads, Vijay Char Rasta, Dada Saheb Pagala, Navarangpura Bus Stand etc., all falling within the area of Navarangpura police station, have been terrorised.

(2.) The order of externment is challenged on numerous grounds, one of which press into service that there is delay in passing the order of externment which has snapped the live-link between the past acts committed and the impugned order of externment.

(3.) Mr. Kapadia, learned counsel appearing for the petitioner has contended that the acts referred to in the notice pertain to prior to 25/02/1994 in the impugned notice of externment has been passed on 13/07/1995. Thus, there is a time gap of about 1 year and 5 months. This also leads to the inference that the ground has become state. It is therefore contended that the order is vitiated because of such delay and the order is therefor liable to be quashed and set aside.