Gujarat High Court
SCR.A/1360/2005 of HARISH SARDARSINGH JAT Vs STATE OF GUJARAT on 29 December 2005
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 1360 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE K.M.MEHTA ============================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? -No. 2
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION No. 1360 of 2005
For Approval and Signature:
HONOURABLE MR.JUSTICE K.M.MEHTA
==============================================================
1[Whether Reporters of Local Papers may be allowed ]to see the judgment ? -No.
2To be referred to the Reporter or not ? -No.3[Whether their Lordships wish to see the fair copy ]of the judgment ? -No.Whether this case involves a substantial question of law as to the interpretation of the 4constitution of India, 1950 or any order made thereunder ? -No.
5[Whether it is to be circulated to the civil judge ]? -No.
HARISH SARDARSINGH JAT - Applicant(s)
VersusSTATE OF GUJARAT & 2 - Respondent(s)
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Appearance :MR PRANAV M RAVALfor Applicant(s) : 1,PUBLIC PROSECUTOR for Respondent(s) : 1,NOTICE SERVED BY DS for Respondent(s) : 2 - 3.=====================================================================
CORAM :HONOURABLE MR.JUSTICE K.M.MEHTA
Date : 29/12/2005
ORAL JUDGMENT
1. Harish Sardarsingh Jat, petitioner has filed this petition under Article 226 and 227 of the Constitution SCR.A/1360/2005
of India with prayer that this Court may be pleased to quash and set aside the impugned order dated 17/2/2005 passed by the Deputy Commissioner of Police, Ahmedabad, respondent no.3 under Section 56(b) of the Bombay Police Act, 1951, externing the petitioner and also order passed by the Additional Secretary, Home Department, New Sachivalaya, Gandhinagar, respondent no.2 dated 19/5/2005, confirming the order of respondent no.3. Petition was filed on 20/9/2005.
2. This Court has issued Rule on 4/10/2005 which was returnable. On behalf of respondent, Mr.L.R.Pujari, learned APP appears. With consent of parties, matter has been taken up for final hearing to this Court today.
3. Mr.Pranav M.Raval, learned advocate for the petitioner has stated that though there are several grounds, he confined to only one ground in this behalf. He has stated that show cause notice has been issued on 24/11/2003 under the provisions of Bombay Police Act. The petitioner has filed reply immediately on 16/12/2003. the petitioner has also filed written arguments in March 2004. However, the order of externment was passed on 17/2/2005. Though the order of externment has been passed after considerable delay, there is no explanation in the order as to why there is a delay in passing the order. The authority has not filed any reply in this behalf also. The Appellate Authority has also not considered the same. For the same, the learned advocate for the petitioner has relieduponthejudgmentofthisCourt (Coram:K.M.Mehta, J.) in the case of Dilaji Bharthaji Vihol v. Deputy Commissioner of Police and another in Special Criminal Application No.1451 of 2005 decided on 1/12/2005. The learned advocate has also relied upon another judgment of this Court (Coram:K.M.Mehta, J.) in Special Criminal Application No.1547 of 2005 decided on 29/12/2005.
4. I have considered the provisions of Section 56 and 59 of the Bombay Police Act. I have also considered judgment cited by the petitioner. In my view, the externing authority has passed an order after great delay therefore, the order of externment is required to be quashed and set aside.
5. In the result, petition is allowed. Order of SCR.A/1360/2005
4/4JUDGMENT
externment dated 17/2/2005 is quashed and set aside and order dated 19/5/2005, confirming the order of externment is also quashed and set aside. Rule is made absolute with no order as to costs. Direct service is permitted.
(K.M.MEHTA, J.)
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