Single judge quashed and set aside a two-year externment order issued against the applicant from Nasik Rural and city, holding that the circumstances did not indicate a threat to public peace.
Orders of externment confirmed by appellate authority were quashed and set aside.
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1757bhad
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI.WRIT PETITION NO.1757 OF 2011
Mr.Irshad @ Pappu Mehmood
Farooq Shaikh
The State of Maharashtra
(thr.D.C.P.Zone-1 Nasik city).. Respondent
Mr.H.V.Bhadbhade for Applicant
Mr.A.S.Shitole APP for Respondent
P.C.
1. Heard. The Applicant question the
order of externment confirmed by the
appellate authority externing him from Nasik
Rural and Nasik city for a period of two
years.
2.On reading the papers initially an
impression was generated that the Applicant
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was facing four different prosecutions of
Sakharvada police station for the offences
named therein and matters are pending before
the Competent Court. On going through the
affidavitofSahebraoH.Patil
Dy.Commissioner of Police, Zone-I, Nasik
city it is explicit that these four events
giving different crime nos are not four
independent events but they culminate only
ofoneincidentoforganising
procession/morchas to seek redressal. The
authorities felt it was rioting and there
was loss of public property as it was
damaged by protestors. The authorities have
referred to the in-camera statements to
inform that the Applicant has nefarious
activities. However, the rioting events, the
in-camera statements or its text would not
be indicative as threat to public peace in
the area. In identically placed situation,
arising out of same events, another
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Applicant Rammi Parmajit Singh Rajput was
sought to be externed. He challenged the
same in Writ Petition No.150 of 2011. By
order dated 22.2.2011 such externment of
said Rammi Parmajit Singh Rajput was quashed
and set aside by this Court.
3. Learned counsel for the Applicant
submits that case of said Rammi Paramajit
Singh Rajput and the Applicant is identical
in almost all the features.
4. This is an additional feather for the
Applicant to get externment orders quashed
and set aside.
5. Reading the papers, I find that the
whole incident of arranging and organising
the morcha against the atrocious act of the
authorities has ignited a blowing situation
to brand the Applicant a terror in society.
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Situation does not indicate that the
Applicant had polluted the atmosphere to
tear and tease law and order in the region.
Orders under challenge are quashed and set
aside. Petition allowed.
K.U.Chandiwal,J
1 issue framed by the court
Whether the order of externment from Nasik for two years should be quashed on the grounds that the situation did not indicate a threat to public peace.
Mr. Irshad @ Pappu Mehmood Farooq Shaikh
The State of Maharashtra
K.U. Chandiwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court