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GUJARAT HIGH COURT
S.H. VORA, J
GYANSINH JEETSINH CHAUHAN – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
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| 1. externment requires clear justification for extent beyond district of activity. (Para 1 , 3 , 4) |
| 2. arguments presented by the parties indicate differences in the interpretation of authority powers. (Para 2 , 6) |
| 3. court observes that non-justification in orders invalidates the authority’s position. (Para 5 , 7) |
| 4. final ruling quashes the externment order due to lack of justification. (Para 8) |
JUDGEMENT
1. Challenge in the present petition preferred under Articles 21 and 226 of the Constitution of India is the order dated 7.6.2013 passed by the respondent Authority in Hadpari Case No.50 of 2012/13 as well as order dated 28.10.2013 passed by the respondent Authority in Appeal No.416 of 2013 under section 60 of the Bombay Police Act , 1951 (for short “the Act”).
2. Heard the submissions of learned advocates appearing for the petitioner and learned APP for the respondent State.
3. The petitioner challenged the impugned order on various grounds that the externment order is passed without application of mind.
According to the petitioner, the show cause notice issued to the petitioner dated 24.9.2012 is without application of mind, wherei
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