ABDUL LATIF ABDUL WAHAB SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein has come forward with this Special Criminal Application for quashing and setting aside the show cause notice at Annexure A Externment Order at Annexure B and the order confirming the Externment Order at Annexure C to this petition. The Superintendent of Police Ahmedabad City issued notice under Section 59 of the Bombay Police Act calling upon the petitioner herein to show cause as to why he should not be externed from the limit of Ahmedabad City Police Commissioners jurisdiction limit and its surrounding areas and also from Ahmedabad Rural areas Gandhinagar Kheda and Mehsana District limits for the charges mentioned in the said notice. The petitioner herein gave his explanation and produced evidence in respect of his case. The Deputy Commissioner of Police (Administration) Ahmedabad City after considering all the materials placed before him came to the conclusion that the petitioner is a dangerous and dreadful person and is also committing 174 offences punishable under Chapter XVI XVII of the Indian Penal Code. On this conclusion he directed the petitioner to go out within two days from the receipt of his externment order by road or rail via. Baroda from the area under the Ahmedabad City Police Commissioner and its surrounding area Ahmedabad Rural area Gandhinagar Kheda and Mehsana Districts. This externment order was passed on 18th January 1986. Aggrieved by this externment order the petitioner preferred an appeal to the State Government. The Government of Gujarat in its Home Department passed order dated 23-6-86 under Section 60(3) of the Bombay Police Act confirming the order passed by the Deputy Commissioner of Police dated 18th January 1986. Aggrieved by this order the petitioner has come for ward with the abovesaid Special Criminal Application. Mr. Barejiya the learned counsel appearing for the pettioner took us through the show cause notice externment order passed by the Deputy Commissioner of Police Ahmedabad City and also the order passed by the Gujarat Government in its Home Department. It is the say of the learned counsel that the petitioner being harassed by the State Government with the mala fide intention of curbing the activities of the petitioner by invoking the Bombay Police Act National Security Act and Prevention of Anti-Social Activities Act. Mr. Barejiya further contended that the authorities concerned in a mechanical way and without application of their mind had passed the order of externment on flimsy and non-existent grounds. The learned counsel further submitted that the show cause notice given by the Superintendent of Police which is Annexure A to this Special Criminal Application is vague both with regard to the offence committed and also in respect of the places and times in which and during which such offences were committed. The learned counsel further submitted that the show cause notice was issued as early as on 11-9-84 and there is absolutely no need to continue the externment order as late as this date. Finally the learned counsel has stated that the petitioner is a lawabiding citizen and a popular inhabitant of this city and that is why he has been elected from five wards of the Ahmedabad City to represent the Ahmedabad City Municipal Corporation in the recent elections. Hence there is absolutely no need either to pass such an order of externment nor to continue the same as on date.

(2.) The charges levelled against the petitioner are as follows:

(3.) No doubt it is clear from the facts of the case that the petitioner has to face murder charge and has also to undergo detention under National Security Act and Prevention of Anti-Social Activities Act. It is also clear from the facts that the petitioner was contesting the various detention orders passed against him and was able to get them revoked. It is also true that the petitioner was able to contest the election in the City Municipal Corporation of Ahmedabad and came out successfully in five constituencies. But these facts cannot in any way dilute the specific allegations made in 177 the show cause notice which is Annexure A to this Special Criminal Application and the orders passed by the respective authorities which are Annexures B and C to the Special Criminal Application. Such show cause notice was given under Section 56 of the Bombay Police Act and the procedure envisaged for passing an externment order which is under Section 59 of the said Act have been properly followed in this case. It is not in dispute that these Sections of the Bombay Police Act have been held to be valid under the Constitution as per the decision reported in AIR 1968 Supreme Court page 1468. Both from the facts of the case and also from the manner and method of the procedure adopted by the authorities concerned no mala fides can be spelt out in externing the petitioner from the City of Ahmedabad and from the contiguous districts. We are also convinced that the area of the activities of the petitioner and the period during which such activities are being carried out have been specifically and clearly given in the show cause notice and in the externment order.