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Bombay High CourtIndian Cases

Moula Abdul Rahiman Hundekari And Ors. vs Home Minister Of State Mantralaya And … on 16 September 1987

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Bombay High Court
Moula Abdul Rahiman Hundekari And Ors. vs Home Minister Of State, Mantralaya And … on 16 September, 1987
Equivalent citations: 1988(1)BOMCR712
JUDGMENT

V.P. Tipnis, J.

1. These writ petitions filed by three different petitioner’s challenge the Orders of Externment passed against them by the Sub-Divisional Magistrate, Solapur Division, Solapur.

2. In the Orders of Externment we find specific mention to the effect that the petitioners are habitual drunkards and that they are committing offences related to ladies and girls who walk on the roads. These material allegations considered and relied upon by the Externing Authority are not mentioned even generally in the notices issued under section 59 of the Bombay Police Act. That has obviously resulted into denying the petitioners their right to give proper explanation to the notices and it also amounts to consideration of extraneous matters while passing the Orders of Externment. This must vitiate the Externment Orders.

3. Accordingly, the Orders of Externment in all the three petitions are quashed and set aside. The rule is made absolute.