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Judgment
Akil Kureshi, J.—Petitioner has challenged an order dated 24.12.2009 passed by the Deputy Commissioner of Police, Zone-2, Surat, by which he is externed from Surat, Bharuch, Navsari, Narmada, Tapi and Valsad districts including Surat city for the period of 2 years from the date of order. The said order was preceded by show cause notice dated 12.5.2009 issued by the same authority calling upon the Petitioner why he should not be externed in exercise of powers u/s 10(2) and Section 56 of the Bombay Police Act. In the show cause notice two cases have been cited in which the Petitioner was involved for proposed order of externment. Details of the cases were as follows:
1 FIR bearing CR. No. II-106 of 2008 registered with Pandesara Police Station, Surat for offence u/s 323, 504, 506(2) read with Section 114 of the Indian Penal Code on 29.3.2008.
2 FIR bearing CR. No. II-253 of 2008 registered with Pandesara Police Station, Surat for offence u/s 504, 506(2) read with Section 114 of the Indian Penal Code on 13.6.2008.
After considering the representation of the Petitioner to the said show cause notice, competent authority passed impugned order dated 24.12.2009 on the ground that the Petitioner is involved in above mentioned criminal cases and that two witnesses whose names were not disclosed, had also given statements against the Petitioner of being involved in the acts of terrorising the residents of the area.
Counsel for the Petitioner submitted that against another person, Arunsingh Ambikaprasad Rajput on the same grounds, externment order was passed by the same authority, in whose case the State Government had allowed the appeal and set aside the order of externment. This was on the ground that in the complaints registered, no conviction has been recorded and the notice issued was more than a year after the alleged incident.
On perusal of the above documents on record and consideration of submissions of the counsel on either side, it emerges that in the present case also show cause notice refers to two incidents of involvement of the Petitioner in criminal case which arose nearly an year or more of the issuance of the show cause notice. When under similar circumstances, the Government had accepted the appeal of another externee, I see no reason why the order against the Petitioner should be sustained.
In the result, the impugned order dated 24.12.2009 is quashed. Resultant externment of the Petitioner shall stand quashed. Rule made absolute accordingly.
Direct service permitted.