Case Note & Summary
The petitioner, Gafoor Dastagir Shiekh, challenged an externment order passed by the Deputy Commissioner of Police, Zone-VIII, dated January 28, 2004, and the appellate order dated May 17, 2004, confirming the externment. The externment was ordered under Section 56(1)(a) and (b) of the Bombay Police Act, directing the petitioner to remove himself from Mumbai, Mumbai Suburban, Thane, and Raigad for two years. The petitioner raised five contentions before the High Court. The first contention was that the show cause notice referred to two criminal cases (CR No. 41/2003 and 120/2003), but the petitioner had been acquitted in the latter case. The second contention was that the show cause notice did not specify the grounds on which the externment was proposed, as required under Section 59 of the Act. The third contention was that the petitioner was not given an opportunity to cross-examine the witnesses whose statements were relied upon. The court analyzed the provisions of Section 59 of the Bombay Police Act, which mandates that the show cause notice must specify the grounds and provide an opportunity to cross-examine witnesses. The court found that the show cause notice merely mentioned the criminal cases without specifying the grounds, and the petitioner was not given an opportunity to cross-examine the witnesses. The court held that the failure to comply with Section 59 vitiated the externment proceedings. Consequently, the court quashed the externment order and the appellate order, allowing the writ petition.
Headnote
A) Criminal Law - Externment - Section 56(1)(a) and (b) of Bombay Police Act, 1951 - Show Cause Notice - The show cause notice must specify the grounds on which the externment is proposed, as required under Section 59 of the Act. Failure to do so vitiates the proceedings. (Paras 4-5) B) Criminal Law - Externment - Section 59 of Bombay Police Act, 1951 - Opportunity of Hearing - The authority must give the person proceeded against an opportunity to cross-examine the witnesses whose statements are relied upon. Non-compliance renders the externment order invalid. (Paras 5-6) C) Criminal Law - Externment - Section 56(1) of Bombay Police Act, 1951 - Acquittal in Criminal Case - The fact that the petitioner was acquitted in one of the criminal cases relied upon in the show cause notice is a relevant factor that must be considered. (Para 4)
Issue of Consideration
Whether the externment order passed under Section 56(1)(a) and (b) of the Bombay Police Act is sustainable when the show cause notice did not specify the grounds and the petitioner was not given an opportunity to cross-examine the witnesses whose statements were relied upon.
Final Decision
Writ petition allowed. Externment order dated January 28, 2004 and appellate order dated May 17, 2004 quashed and set aside.
Law Points
- Externment order under Section 56(1) of Bombay Police Act must comply with Section 59
- show cause notice must specify grounds and provide opportunity to cross-examine witnesses
- failure to do so vitiates the order
