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Judgment
RULE. Learned APP waives service of notice of Rule for the
respondent State.
Heard learned advocates for the parties and perused the record. The record shows that the only allegations against the petitioner are under the Indian Penal Code and Damage to Public Property Act. It is undisputed that incident has taken place because of discharging hazardous chemicals by some companies when villagers have objected it and thereafter, there was scuffle between the two groups so far as animals are concerned, it cannot be said that petitioner is disturbing the law and order situation and thereby there is no requirement to externe him as proposed by show cause notice.
The petitioner, who is the externee, has challenged the show cause notice dated 14.10.2015 being show cause notice No.Exterment/116/2015 passed by the respondent No.2.
The Deputy Police Commissioner issued a show cause notice on 14.10.2015 under section 56(b) of the Gujarat Police Act, 1951 (referred to as the `Act'' hereinafter) to the petitioner inter alia alleging in the show cause notice that the petitioner is a Dangerous Person and doing his activities by using force or violence. There is a specific allegation in the notice that the petitioner was doing all these activities within the jurisdiction of concerned Police Station.
In response to the show cause notice, the petitioner has not submitted his explanation to the concerned authority. The respondent No.2 has passed the order of externment on 14.10.2015 externing the petitioner for a period of two years from the area falling under Surat City, Surat Rural, Navsari, Bharuch and Tapi.
It may be pertinent to refer the following citations:
(1) Jagdish Shamjibhai Makwana v. Sub ?Divisional Magistrate, Bhavnagar reported in 2002(2) GLR 1158 &
(2) Rameshbhai Shankarbhai Sonara v. State of Gujarat reported in 2002(C) GLR 169 7. In view of the foregoing reasons, it becomes clear that there is absolute non application of mind while passing the order of externment and hence the petition deserves to be allowed and is accordingly allowed. Thereby, the order of externment dated dated 14.10.2015 being show cause notice No.Externment/116/2015 passed by the respondent No.2 is hereby quashed and set aside. Rule is made absolute to the aforesaid extent.
Direct Service is permitted.