GUJARAT HIGH COURT
D.C. SRIVASTAVA, J
RAJESH JETHALAL KHAPANDI KHARWA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. procedural validity of externment notice. (Para 1 , 2 , 3) |
| 2. non-application of mind by the externing authority. (Para 4 , 5 , 7 , 8) |
| 3. insufficient reasoning for externment order. (Para 10 , 11) |
| 4. final decision to quash externment orders. (Para 12 , 13) |
JUDGEMENT
1.The prayer of the petitioner in this writ petition under Article 226 of the Constitution of India is to quash the show cause notice, Annexure : A, and the order of Externing Authority, Annexure : B, so also the order of Appellate Authority, Annexure : C to the writ petition.
2.Brief facts are that a show cause notice under Section 59(1) read with Section 56(B) of the Bombay Police Act , 1951 was issued to the petitioner on 23.6.1998 to show cause why he should not be externed from the entire district of Junagadh city as well as Rural and adjacent Districts Amreli, Rajkot and Porbandar for a period of two years. The petitioner submitted reply to the show cause notice and also examined five witnesses in his defence and produced 32 Certificates in his defence. The Externing Authority, upon considering the entire material on record, passed the impugned order of externment against the peti
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