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GUJARAT HIGH COURT
S.H.VORA, J
BHUPAT @ UDEDEE ISHWARBHAI KAHAR – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. challenge to order under articles of constitution. (Para 1 , 2) |
| 2. petitioner's arguments on externment reasoning. (Para 3 , 4) |
| 3. court's observation on authority's justification. (Para 5 , 6) |
| 4. criteria for externment orders established. (Para 7) |
| 5. outcome of the petition and quashing of orders. (Para 8) |
JUDGEMENT
1. Challenge in the present petition preferred under Articles 21 and 226 of the Constitution of India is the order dated 30.3.2013 passed by the respondent No.2 as well as order dated 28.10.2013 passed by the respondent No.1 in Appeal No.251 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 29.12.2012 is without application of mind, wherein the externing authority has mentioned that the petitioner should be externed from districts of Vadodara Rural,
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