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1972 Supreme(Guj) 81

P.N.BHAGWATI, D.A.DESAI, T.U.MEHTA
SANDHI MAMAD KALA – Appellant
Versus
STATE – Respondent


Advocates Appeared: G.M.VIDYARTHI, HARUBHAI MEHTA, I.F.ZAMINDAR

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
























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