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Thursday, November 7, 2019

Order of externment quashed and set aside by Bombay High Court

Order of externment quashed and set aside by Bombay High Court

Zafar khan
Division bench presided over by ZA Haq and MG Giratkar JJ have quashed and set aside order of externment for a period of 2 years under sec 55 of Bombay police act.
Ashish Robert falix and 3 other persons namely Akash Banjare, Sandesh Khobragade and Ganesh Chandel had
received common show cause notices under sec 59 of Bombay Police Act dated 22-07-17 issued by ACP, Sammardara Division Nagpur and by aforesaid notice Ashish was called upon in accordance with the provi-sions of the show cause as to why order of externment should not be passed under section 55 of Bombay Police Act and why they should not be externed from Nagpur district for a period of 2 years.
Deputy commissioner of police, Zone 4, Nagpur passed order dated 8-01-18 considered the record and passed an order whereby directing that the Ashish along with 2  externed from Nagpur District for a
period of 2 years under the provisions of Section 55 of the said Act It was submitted that,last offence registered against the peti-
tioner is Cr no. 99/16 which was registered on 1-07-16 and show cause notice was issu-
ed on 22-07-17 and impuged order came to be passed on 8-01-18 and there is no live link in passing the impugned order.

It was submitted that, under section 55 of the Maharashtra Police Act, action is contemplated agains the gang or body of persons and hence the action should necessarily be initiated against each of the gang and not against selected persons. But only 4 persons were externed though there were 8 members in the gang.

Adv Mir Nagman Ali appeared for Ashish Robert Falix.