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Abdulkadar Ibrahim Shah vs State Of Gujarat on 1 September, 2022 cites

Sandhi Mamad Kala vs State Of Gujarat on 14 September, 1972

"5. This argument has substance and it discloses non- application of mind by the externing authority for externing the petitioner from the districts mentioned aforesaid. When even the externing authority chooses to direct externment from not only the district within which the person against whom the order is passed is seen to be active, but also from contiguous districts, the reason why such externment order should operate even in regard to such contiguous districts should be shown in the notice preceding the order as well as in the order. It must be so, for if a person confined his activities to a particular district there would be no justification to extern him not only from that district, but from the adjoining district also unless it is shown that circumstances warrant such a course. If there is such lacuna in the show cause notice as well as in the impugned order, it is not for the court to fill up lacuna in the material noticed by the externing authority by assuming that there must be some reason for externing from contiguous district also. That Page 3 of 11 Downloaded on : Tue Sep 06 20:15:14 IST 2022 R/SCR.A/11644/2021 ORDER DATED: 01/09/2022 must be indicated by the externing authority. For this full bench decision in Sandhi Mamad Kala v. State of Gujarat 14 G.L.R. 384 and Saiyad Husen Saiyad Umar vs. State of Gujarat,1985 (2) G.L.R. 1045 can be referred.
Gujarat High Court Cites 31 - Cited by 270 - P N Bhagwati - Full Document
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