Shri Vijay Subhash Kore v. The Principal Secretary of Home Department, Mantralaya, Mumbai & Ors.
Case at a glance
Provisions considered
Key paragraphs
- Para 55. Having perused the petition and the annexures thereto, what I find is that the show cause notices are of July and August 2009 and the externment order is of August 2009. The petitioner has remained out of these districts for a sufficiently long period…
Judgment
Shri Vijay Subhash Kore V/s. The Principal Secretary of Home Department, Mantralaya, Mumbai & Ors. .... Mr.Rahul Kadam for the petitioner. : Petitioner (Orig. Applicant) : Respondents Ms A.T. Jhaveri, Addl. Public Prosecutor for the State. ... CORAM : S.C.DHARMADHIKARI, J. DATE : JANUARY 11, 2010. P.C.: Heard the learned counsel appearing for the petitioner and the learned Addl. Public Prosecutor for the State.
Pursuant to a show cause notice dated 22.7.2009 issued under section 56(b) o f the Bombay Police Act, 1951 and a show cause notice dated 3.8.2009, the petitioner, who is a resident of village Nannaj, taluka Solapur North, dist. Solapur, has been externed from Solapur, Pune, Sangli and Osmanabad districts for a period of two years and his appeal has also been dismissed by the appellate authority. 2
From the year 2005 to 2007-09, there are ten cases registered against the petitioner. It is stated that the petitioner is a habitual offender and he has created terror in the subject areas. The activities of the petitioner have resulted in serious apprehension to the life and property of the persons residing in the areas concerned.
There are various grounds on which the order in appeal is challenged. It is stated that once the externing authority has observed that it is the activities of the petitioner in the concerned village which have created this apprehension, then nothing justifies passing of the final order, including externing him from four districts. Further, the show cause notice mentions four districts and in the final order, one more district has been added mechanically.
Having perused the petition and the annexures thereto, what I find is that the show cause notices are of July and August 2009 and the externment order is of August 2009. The petitioner has remained out of these districts for a sufficiently long period of time. In such circumstances, interest of justice would be served if the period of externment is reduced to 28.2.2010. The petitioner shall not enter the 3 subject four districts until this period and after the period expires shall present himself before the police at Solapur (Rural Police Station) and execute a bond of good behaviour. Upon his complying with these conditions, the order of externment passed against him shall come to an end on this date. In default, the petition to stand dismissed.
(S.C. DHARMADHIKARI, J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bombay Police Act, 1951.
Which court decided this case, and when?
Bombay High Court, on 11 Jan 2010. The bench was S C DHARMADHIKARI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.