Criminal Application No. 872 of 2008 · Gujarat High Court

CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 16/05/2008 ORAL JUDGMENT

1.0 By way of this petition, the externee has challenged the show-cause notice dated 14.12.2006 and the order dated 07.09.2007 passed by the SCR.A/872/2008 JUDGMENT Deputy Commissioner of Police, Ahmedabad- respondent No.3 as well as order dated 25.04.2008 passed by the Additional Secretary, Home Department, Gandhinagar-respondent No.2.

2.0 Learned Advocate for the externee, has restricted her arguments to the aspect of delay in passing the order of externment only. She has submitted that the order of externment passed by the externing authority is bad in law on the ground that show-cause notice was issued on

14.12.2006 whereas the order of externment was passed by the Authority on 07.09.2007 i.e. there is delay of about nine months in passing the order of externment which is not explained by the Authorities.

3.0 Heard. Considering rival side contentions the only question that needs to be addressed by this Court is whether there was delay in passing the order of externment after issuing show-cause notice to the externee or not. SCR.A/872/2008 JUDGMENT

3.1 In my view externing authority before passing the order of externment, must satisfy subjectively that no witnesses are willing to come forward to depose against the externee. In the case on hand show-cause notice was issued on

14.12.2006 whereas the order of externment was passed on 07.09.2007. Therefore, there is a delay of about nine months which has not been explained by the authority while passing the order of externment. It may also be noted that even the externee had filed an appeal before the respondent No.2 raising the very same ground of unreasonable and unexplained delay of about nine months in passing the order of externment, but, the same was not considered by the respondent No.2. On the contrary, by its order dated

25.04.2008 the respondent No.2 confirmed the order of externment passed against the externee which shows non consideration of this vital point by the respondent No.2. Apart from that from the record it transpires that the externee is aged about 55 years and he is suffering from serious heart disease. In support of the same, the SCR.A/872/2008 JUDGMENT externee has produced photocopies of medical case papers issued by one Dr. Mukund V. Patel and U.N. Mehta Institute of Cardiology & Research Centre as well as a photocopy of his ECG report. In view of the above discussion, I am of the opinion that the ends of the justice would be met by reducing the period of externment to six months.

4.0 In the result, the petition is partly allowed. The period of externment is reduced from two years to SIX MONTHS only. The order dated

14.12.2006 passed by the Deputy Commissioner of Police, Ahmedabad and order dated 25.04.2008 passed by the Deputy Secretary, Home Department, Gandhinagar, externing the externee are modified to the aforesaid extent. Rule is made absolute to the aforesaid extent. Direct service is permitted. Umesh/ (M.D. Shah, J.)