The legal principle established is that the order of externment can be vitiated if there is a variance between the grounds mentioned in the show cause notice and the order of externment, and if stale irrelevant matters and offences outside the scope of the relevant law are considered.

Headnote:
Order of Externment - Article 226 of the Constitution of India - The court found that there was a greater variance between the grounds mentioned in the show cause notice and the order of externment, which was sufficient to vitiate the order. Additionally, the consideration of stale irrelevant matters and offences outside the scope of the relevant law further vitiated the order of externment.
Fact of the Case:

The petitioner challenged the order of externment under section 57 of the Bombay Police Act, 1951, citing greater variance between the grounds mentioned in the show cause notice and the order of externment, as well as consideration of stale irrelevant matters and offences outside the scope of the relevant law.
Finding of the Court:

The court found that the order of externment was vitiated due to the mentioned reasons and consequently quashed and set aside the impugned order.
Issues: Variance between grounds in show cause notice and order of externment, consideration of stale irrelevant matters, offences outside the scope of the relevant law
Ratio Decidendi: The variance between the grounds mentioned in the show cause notice and the order of externment, as well as the consideration of stale irrelevant matters and offences outside the scope of the relevant law, vitiated the order of externment.
Final Decision: The petition was allowed, the impugned order was quashed and set aside, and the rule was made absolute in terms of prayer Clause (a).

JUDGMENT - V.A. MOHTA, J.:---By this writ petition under Article 226 of the Constitution of India, the order of externment under section 57 of the Bombay Police Act, 1951 is challenged by externee Shaikh Babu Shaikh Sardar.

2. 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.

3. 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).

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1984 Supreme(Bom) 199

IN THE HIGH COURT OF BOMBAYP.S. Shah V.A. Mohta, JJ.Shaikh Babu Shaikh Sardar... Petitioner.VersusState of Maharashtra... Respondent.Criminal Writ Petition No. 416 of 1983, decided on 11-7-1984.Advocates appeared :V.Z. Kankaria, for petitioner-original externee.N.M. Kachare, P.P, for State..

The legal principle established is that the order of externment can be vitiated if there is a variance between the grounds mentioned in the show cause notice and the order of externment, and if stale irrelevant matters and offences outside the scope of the relevant law are considered.