SHRI ABHIMANYA KALITA Vs. THE DEPUTY COMMISSIONER & OTHERS

JUDGEMENT

(1.) (Oral) - The petitioner, hitherto a Lower Division Clerk and resident of Bomdila, West Kameng District. Arunachal Pradesh impugns the order dated 5.9.81 externing him from that district with immediate effect holding that his stay in the district was not at all desirable in the interest of peace and tranquility of the locality of Bomdila.

(2.) While the petitioner was at Bomdila, on receipt of a written complaint on 13.8.81 from one L. Gyamtsola at Bomdila Police Station a criminal case was registered against him and four other persons under sections 448/323/34 Penal Code and after charge-sheet and summary trial held by the learned Deputy Commissioner herself the petitioner was convicted under section 507 Penal Code and sentenced to undergo simple imprisonment for 28 days. The alleged occurrence took place on 6.8.81 and the petitioner was arrested on 9.8.81 and on 2.9.81 he was sent to the custody of the Quarter Guard of the C.R.P. and till 9.9.81 he was under their custody. This means that on 5.9.81 when the conviction as well as the externment orders were passed he was still in custody. The order has been passed under Clause 1 of the Chin Hills Regulation of 1896 which provides:

(3.) It may be noted that the Chin Hills Regulation was made under the Government of India Act, 1870 (13th Aug., 1896) and it was printed in Burma Code in 1910 Edn. page 284. By notification No.784 dated 9th Oct., 1911 in exercise of powers conferred by section 5 of the Scheduled Districts Act, 1874 (XIV of 1874), the Lieutenant Governor Eastern Bengal and Assam, with the previous sanction of the Governor General in Council, was pleased to extend sections 22, 23, 38(2) and 40 of the Chin Hills Regulation, 1896 (Regulation V of 1896), to the areas specified in the Schedule thereto annexed, in the restricted and modified forms in four clauses as set out in the notification. The modified Regulation is to be found in the Assam Code, 1956 Vol. 1 at page 268 to 269 with the following Schedule: Schedule