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1991 Supreme(Bom) 40

M.F.SALDANHA, S.W.PURANIK
Dilip Laxman Kokare – Appellant
Versus
S. M. Ambedkar and another – Respondent


JUDGMENT - M.F. SALDANHA, J.:---The petitioner, in this case, has challenged the order of externment dated 17-9-1990 as also an appellate order for the State Government dated 22-11-1990 confirming the earlier externment order.

2. The petitioner was served with a notice dated 15-3-1989 by the Assistant Commissioner of Police, Zone-II, Bombay, asking him to show cause as to why action by way of an externment order should not be taken against him. It is unnecessary to set out the grounds on which the proposed action was contemplated because that the solitary ground urged before us by Mr. Nasik, learned advocate appearing on behalf of the petitioner is that there has been an abnormal delay in the passing of the externment order and that the delay of approximately 11/4 years vitiates the order passed against the petitioner.

3. As against this, Mr. Chopda, learned A.P.P. appearing for the respondents has drawn our attention to the affidavit of the Deputy Commissioner of Police, Zone-II, filled in reply to the petition. The authorities contend that the delay of approximately 1 1/2 years was occasioned by the petitioner. Unfortunately, certain vague statements has been set out in the affida







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