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Faizal @ Baba Anjumkhan Pathan Through ... vs Deputy Commissioner Of Police on 7 August, 2023

                                                                                              NEUTRAL CITATION




     R/SCR.A/2896/2018                                          ORDER DATED: 07/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 2896 of 2018
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     FAIZAL @ BABA ANJUMKHAN PATHAN THROUGH ANJUMKHAN
                      IMTIYAZKHAN PATHAN
                             Versus
           DEPUTY COMMISSIONER OF POLICE & 1 other(s)
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Appearance:
MR MHM SHAIKH(2007) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 1
MS. C. M. SHAH, APP for the Respondent(s) No. 2
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                      Date : 07/08/2023

                                       ORAL ORDER

1. Heard learned advocate appearing for the petitioner and learned Additional Public Prosecutor for the respondent State.

2. By way of the present petition, the petitioner- original externee has invoked the extraordinary writ jurisdiction of this Court and has challenged the order/s dated 01.10.2017 and 08.03.2018 passed by the authority under Section 56 A of the Gujarat Police Act, 1951 externing the petitioner.

3. At the stage of admission hearing, this Court by order dated 10.04.2018 has passed the following order:

"Rule returnable on 01.05.2018.

Learned APP waives service of notice of Rule on behalf of the respondent - State. Externment order dated 01.10.2017 in Externment Case No.PCB/HDP/104/2017, so also judgment and order dated 08.03.2018 in Externment Appeal No.138 of 2017 is stayed so far as Kheda, Mahesana and Gandhinagar districts are concerned.. Direct service is permitted. "

NEUTRAL CITATION R/SCR.A/2896/2018 ORDER DATED: 07/08/2023 undefined

4. Thus, the implementation and execution of the order impugned has been stayed pending this petition for final adjudication by this Court. It appears from the record that matter has thereafter remained pending for final hearing all throughout these years. At the same time the period of externment as directed by the competent authority in the impugned order has lost its significance.

5. In fact, by virtue of the interim order of stay, immediate necessity to take action for externment of the petitioner from particular area on the apprehension of the prejudicial activities for maintenance of public order, has ceased to exists. On the other hand, the competent authority has failed to move any application seeking vacating of aforesaid order of stay or early hearing of this petition. In such circumstances, no fruitful purpose would be serve, if this Court after efflux of time decides the present petition on its own merits. Learned advocate for the petitioner has invited attention of this Court to the order dated 17.3.2023 passed by the Coordinate Bench of this Court in Special Criminal Application No.1875 of 2019.

6. In light of the aforesaid circumstances, in the opinion of this Court, the interest of justice would be served, if the impugned order of externing the petitioner is quashed and set aside and at the same time liberty is granted/ reserved in favour of the externing authority to reconsider the case of the petitioner in light of his conduct after the order of stay granted by this Court till date. The impugned order/s dated 01.10.2017 and 08.03.2018 passed by the respondent authority is hereby quashed and set aside.

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7. Since this Court has not entered into the merits of the case, it is clarified that in case the conduct of the petitioner is not found satisfactory then it would be open for the competent authority to take appropriate steps in accordance with law, if deemed necessary. It is further clarified that in case concerned authority is of the view that action is required to be initiated against the petitioner, then appropriate show cause notice be issued upon the petitioner and after giving proper opportunity of hearing to the petitioner, appropriate order could be passed by the competent authority in this regard. It is needless to mention that in case if the externing authority is of the opinion that the conduct of the petitioner is satisfactory, then externing authority may not pass any further order as regards externment of the petitioner. It is also clarified that present order shall not be construed as a direction to the externing authority to reopen externment proceeding against the petitioner, rather being to grant an opportunity before exercising such powers by considering the conduct of the petitioner during the aforesaid intervening period and take appropriate steps, if required. With this, observation and direction, present petition stands allowed in the aforesaid terms. The order/s dated 01.10.2017 and 08.03.2018 passed by the externing authority is hereby quashed and set aside. Rule is made absolute to the aforesaid extent.

(NISHA M. THAKORE,J) SSVohra Page 3 of 3 Downloaded on : Sun Sep 17 00:31:12 IST 2023