P. R. GOKULAKRISHNAN, J.

( 1 ) THE petitioner herein has come forward with the present Special Criminal Application for issue of a writ of mandamus or any other appropriate writ or order or direction quashing and setting aside the order of externment dt. 30-7-1987 passed against him. By an order dt. 17-10-1987 the said order was confirmed in appeal. A show cause notice was issued to the petitioner herein on 30-1-1987 alleging the following activities:

( 2 ) ON 12-7-1985 at about 22-15 hours at the Malekwadi Navsari Bazar a crowd of about 100 persons of Hindu and Muslim community had gathered and were exchanging stones and sodawater bottles and in the said incident from the side of Hindu community the petitioner principal person and his associates and some other 50 persons were instigating the residents of the Malekwadi in the name of religion and were further instigating to throw stones and to take part in the incident. The information about the said incident reached the local police in time and therefore the local police came on the spot in time and to disperse the crowd of both the communities teargas shells were burst. If the police had not reached in time due to the activities of the petitioner the communal disturbances would have spread-over the city. The petitioner has a communal bias. He also takes an active part in the communal riots.

( 3 ) IN connection with the aforesaid incident F. I. R. No. 279 of 1985 of Athwa Police Lines Station for offences under Secs. 143 147 188 I. P. C. and 135 of the Bombay Police Act was lodged and the petitioner was arrested at about 20-30 hours on 13-7-1985 in connection with the aforesaid offences. Therefore thereafter charge-sheet the filed and the case is pending for trial.

( 4 ) ON 19-7-1985 at about 00-20 hours in Dhabuwalla Street Sagrampura a group of about 100 to 200 persons of Hindu and Muslims were exchanging stones and from the Hindus side the petitioner was the principal person. He instigated his associates (1) Laxman Lakho Atmaram Bariya and (2) Devji Proma Katiawadi both were residing at Malekwadi Navsari Bazar Surat and other 100 Hindu residents of Malekwadi used to take active part and also to exchange stones. The information about the said incident reached the Police in time and therefore local police and the SRP reached the spot in time. To disperse the crowd Head Constable Bhavani Shankar Yadav of SRP group fired one round from his 303 rifle in air and dispersed the crowd. If the police had not reached the spot in time due to the aforesaid incident the communal tension (atmosphere) would have spread to the whole of Surat city. The petitioner has a communal bias. He takes active part in the communal violence.

( 5 ) IN connection with the aforesaid incident FIR No. 1287 of 1985 under Secs. 147 148 149 188 and 336 IPC and 135 Bombay Police Act was lodged in the Police Station. The petitioner was absconding. The police arrested the petitioner at 09-30 a. m. on 30-7-1985 The charge-sheet was filed and the case is still pending for trial.

( 6 ) ON 28-3-1986 Near Rajashree Talkies Navsari Bazar the petitioner was openly selling the tickets in black-market and around him about four of his associates were standing. During 18-30 hours Gulam Razal Mohmed Iqbal of Gopipura Momanawad had come to the petitioner at that time and he had addressed the petitioner as Dada of Momanawad ward in presence of the petitioners associates. Thereafter due to old enmity the petitioner slapped and abused Gulam Razal Mohmed Iqbal. He therefore ran away due to fear and thereafter he gave a complaint against the petitioner in the Athwa Lines Police Station which was registered as N. C:. No. 125 of 1981 for offences under Secs. 323 504 IPC at 19 00 hours on 28-3-1986.

( 7 ) AFTER consuming liquor the petitioner walked imbalancedly in public and under influence of liquor became mischievous created atmosphere of fear in public and therefore common public lived under the fear of the damage to their life and

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