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2013 Supreme(Bom) 1986

S.C.DHARMADHIKARI, G.S.PATEL
Kishore Baliram Balu – Appellant
Versus
Dy Comr of Police, Zone-I – Respondent


Advocates Appeared:
For the Petitioner:U.N. Tripathi, Advocate.
For the Respondent: Ms. P.H. Kantharia, APP.

JUDGMENT :

G.S. Patel, J.

1. Since June 2013, we have had to deal with a quite extraordinary number of petitions challenging appellate orders under Section 60 of the Bombay Police Act, 1951 in externment proceedings. Those appellate orders have been passed by one Mr. Vineet Agarwal, the 2nd Respondent in this case. In VinayakDynaneshwar Mainkar v State of Maharashtra & Ors we had occasion to criticize Mr. Agarwal for his approach in these matters (Cri WP No.3257 of 2013, judgment dated 6th September 2013). We found it formulaic and unthinking. There was little or no attention to facts. Settled law was ignored. It seemed to us that his orders were issued mechanically, using standardized phrasing. Since the time of that order, we have encountered other cases, too (Cri WP No. 2807 of 2013; Cri WP No. 2744 of 2013; Cri WP No. 3035 of 2013; Cri WP No. 3207 of 2013). In fairness to Mr. Agarwal, his appellate orders in these cases were all before our decision in Mainkar, as is the appellate order in the case at hand. We expected that following Mainkarthe government would, in the larger public interest, and to avoid further adverse orders, withdraw such appellate orders. That has not happe





























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