M.P.THAKKAR, R.J.SHAH
SURESH CHHAGANLAL LUHANA – Appellant
Versus
D. K. DHAGAL – Respondent
( 1 ) THE point raised in this petition challenging the order of externment as per Annexure A dated 19/03/1982 passed against the petitioner is concluded in his favour by a decision of this High Court rendered more than ten years back in Dana Nathu. Sub-Divisional Magistrate 14 G. L. R. 209. It is surprising that the Deputy Commissioner of Police should be unaware of the decision rendered by this High Court in a matter arising out of an order passed by the Sub-divisional Magistrate Rajkot ten years back and he should commit the same mistake in 1987 which the Sub-Divisional Magistrate committed in 1972. That there should be total lack of any method to avoid such an intolerable situation is sufficient to cause dismay to anyone. Can the competent authority not evolve any system to ensure that no technical faults are committed ? To at least ensure in any event that faults already discovered are not recommitted ? The information-gap and the system-void can defeat measures bona fide taken in public interest. Is it desirable that the authority concerned should sit with folded hands blind folded eyes and ears plugged with comforting cotton wool ? The position is intolerabl
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