Shaikh Babu Shaikh Sardar vs State of Maharashtra

V.A. Mohta, J.—By this writ petition under Article 226 of the Constitution of India, the order of externment u/s 57 of the Bombay Police Act, 1951 is challenged by externee Shaikh Babu Shaikh Sardar.

Mr. Kankaria, the learned Counsel appearing for the petitioner-externee, has invited our attention to the show cause notice as well as the order. A bare perusal demonstrates that there is greater variance between the grounds mentioned in the show cause notice and the order of externment. In fact, this ground itself is sufficient to vitiate the order of externment. Added to this is the circumstance that offences right from the year 1960 have been considered in the year 1982. Many of the cases are under the Criminal Procedure Code, outside the scope of section 57 of the Bombay Police Act, 1951. The order of externment, thus, is vitiated also because of consideration of stale irrelevant matters.

To conclude, the petition is allowed. The impugned order is quashed and set aside and the rule is made absolute in terms of prayer Clause (a).