P. N. BHAGWATI, D. A. DESAI, T. U. MEHTA, J.

( 1 ) THIS reference raises a question of considerable importance in the field of administrative law. The question is whether an authority passing an order of externment under sec. 56 of the Bombay Police Act 1951 (hereinafter referred to as the Act) and the State Government disposing of an appeal against an externment order under sec. 60 of the Act are bound to give reasons in support of the orders respectively made by them or in other words whether there is any obligation on them to make speaking orders. The facts giving rise to the petition are a little material to the determination of the controversy between the parties and they may be briefly stated as follows. The Subdivisional Magistrate Rajkot Sub-Division issued a show cause notice dated 15th October 1970 under sec. 59 of the Act stating that the following allegations were made against the petitioner namely:-YOU are a dangerous and desperate man and you are engaged in committing offences such as extortion of money by force and criminal assault which are punishable under Chapters XVI and XVII of the Indian Penal Code and such acts of yours have engendered a feeling of apprehension and fear amongst the residents of Rajkot City and this type of activity of yours is going on since March 1970 you have committed the following acts at the place and time indicated there. AND the show cause notice then proceeded to set out eight acts alleged to have been committed by the petitioner which formed the basis of allegations against him and after stating that the victims of those acts as also the other witnesses were not willing to come forward to give evidence in public against the petitioner by reason of apprehension on their part as regards the safety of their person or property called upon the petitioner to how cause why he should not be externed from Rajkot District for a period of two years under sec. 56 of the. Act. It is not necessary for the purpose of the present petition to enumerate the acts which were set out in the show cause notice but suffice it to state that those acts were described in general terms without giving any detailed particulars. The petitioner filed a written statement giving his explanation in regard to the allegations contained in the show cause notice and he inter alia contended that the show cause notice was vague and indefinite and the Sub-Divisional Magistrate had no jurisdiction to initiate proceedings under sec. 56 and denied the various allegations made against him Including the allegation that the victims of the acts attributed to him as also other witnesses were not willing to come forward in public to give evidence on account of fear as regards the safety of their person or property. The petitioner also produced and examined as many as 27 witnesses who deposed inter alia to the good character of the petitioner. The Sub-Divisional Magistrate however passed an order of externment against the petitioner under sec. 56 on 25th November 1971. The order of externment contained the following recitals:-WHEREAS materials have been placed before me the Sub-Divisional Magistrate Rajkot against Sri Mamad Kala Sandhi Resident of Rajkot city to the effect that :- xx xx xxand whereas I have considered the explanation tendered by him and the evidence produced on his behalf in defence. AND whereas after considering the entire materials placed before me and after carefully considering the defence produced on his behalf I am satisfied that the said Sri Mamad Kala is a desperate and dangerous man and is engaged in the commission of acts involving force and violence and acts punishable under Chapter XVI and XVII of the Indian Penal Code and he commits such acts within the localities known as City Railway Station Rajkot Bhagwatipara Gate Mahatma Gandhi Harijan Was Bedipara Harijan was Bhagwatipara Area Triangular Park Bedipara under the limits of Rajkot City Municipality and B Division Police Station Rajkot and there are

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