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1984 Supreme(Guj) 189

P.SUBRAMONIAN POTI, R.C.MANKAD
VAGHARI DHANABHAI BHALABHAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: J.T.TRIVEDI, R.M.VIN

P. S. POTI, J.

( 1 ) A Full Bench of this Court in SARJUBHAIYA MATHURBHAIYA KAHAR V. DR. COMMISSIONER OF POLICE VADODARA AND ANR. REPORTED IN 25 (1) G. L. R. 538 had occasion to consider the validity of secs. 56 59 and 60 of the Bombay Police Act. 1951. There was no occasion in that case to consider the validity of Sec. 57 of that Act which provision also enables externment orders to be passed. But whatever has been said by the Full Bench as to the circumspection under which alone the power of externment could be exercised is equally valid in the case of exercise of power under Sec. 57 of the Act. It is the basic right of a citizen to be free. That is infringed by the action taken for externment. whether it be under Sec. 56 or under Sec. 57 of the Bombay Police Act. There is no freedom which is on such a high pedestal as that of the right of a citizen to move about freely. If such freedom is taken away not as a result of a trial for any offence but by executive satisfaction that would operate as a serious inroad into the fundamental right of the citizen. but nevertheless under certain circumstances such action may be called for. Courts have held that those who come within the purvie








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