( 1 ) THE petitioner is externed in exercise of powers conferred upon the sub-Divisional Magistrate, Dholka by passing order of externment, dated 31-5- 94 whereby he is externed for a period of two years from Ahmedabad City, ahmedabad Rural and contiguous districts of Bhavnagar, Surendranagar, rajkot and accordingly said order is passed in exercise of powers conferred upon the authority by Section 56 (b) of bombay Police Act, 1951. Consistent with the statutory requirement, notice under Section 59 of the said Act, dated 23-4-94 is served upon the petitioner whereby it is alleged against the petitioner that by his anti-social activities he has created an atmosphere of horror and terror. It is further alleged against him that by use of personal force and by violence he is committing offences punishable under Chapters 16 and 17 of i. P. C. and because of fear and apprehension created in the minds of people, no witness or complainant is coming forward either to file complaint or to give statement against the petitioner. He has further stated that he has therefore received a proposal for externment of the petitioner for a period of two years and therefore he was issuing notice to the petitioner to show cause as to why he should not be externed from Ahmedabad and other contiguous districts. He has thereafter stated that the hearing of notice is fixed on 2-5-94 in his office and that the petitioner should remain present and tender his explanation. He has thereafter set out allegations made against the petitioner and if they are translated into english they read as under: allegations: (I) In the area of Sarangpur and in the vicinity thereof the petitioner is openly robbing and looting people and he has by his dictatorial attitude created atmosphere of horror and terror amongst the people and he is adopting the attitude of either persuasion OF penalizing the people or recovering penalty therefrom. (ii) If any person gives/files complaint or if any witness gives any evidence against the petitioner the petitioner gives threat or by using force he obliges such person to compromise. (iii) Though the people are suffering fear and violence from the petitioner none is opening mouth and they are silently suffering terror created by the petitioner. (iv) The petitioner is not doing any business. He is keeping big gangs. He is taking people at ransom and people are living at his mercy. (v) The right to liberty of people of the area is forcibly infringed by the petitioner by creating atmosphere of horror and terror and maintenance of public order is seriously prejudiced. (vi) People and witnesses are afraid of giving complaint against the petitioner and witnesses are afraid of giving their evidence in the court and petitioner and his associates are restraining the witnesses from giving evidence. (vii) Petitioner is a man having big gangs and is very violent and headstrong.

( 2 ) THE aforesaid is the free translation of activities attributed to the petitioner. The authority has, thereafter, made reference to three offences registered against the petitioner at Barvala Police station in the years 1991 and 1993. The authority has called upon the petitioner to show cause against his proposed externment.

( 3 ) IT appears that the petitioner has thereafter appeared before the authority and has submitted his explanation as well as evidence as to why he was not required to be externed.

( 4 ) THE Sub-Divisional Magistrate at dholka has thereupon proceeded to pass the order of externment under Section 56 (b) of the Bombay Police Act, 1955. In said order which is at Annexure "b" to the petition the authority has described the order as "hukum" and has thereafter proceeded to state that since the petitioner was headstrong and violent person and since he was by use of force and violence robbing the people openly and since because of insecurity of life and property witnesses were not ready and willing to come forward to give evidence, an atmosphere