1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.25 OF 2010 Shri Prakash Ramsharan Yadav @ Pappu : Petitioner V/s. The Principal Secretary of Home Department, Mantralaya, Mumbai & Anr. : Respondents ... Mr.Rahul Kadam for the petitioner. 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 parties. Perused the orders of the externing authority and of the appellate authority. 2. The petitioner is externed for two years from 15.7.2009. He has been externed from four districts, viz., Thane, Raigad, Greater Mumbai and Mumbai Suburban Dist. 3. The only contention raised before me is that the order passed by the authorities is excessive. If the activities of the petitioner are confined to M.I.D.C. Taloja area and complaints against him are registered at the 2 police station there, then, there is no justification for externing him from four districts. The order is, therefore, patently excessive and arbitrary and deserves to be quashed and set aside. On the other hand, it is the submission of the learned Addl. Public Prosecutor for the State that the petitioner is repeatedly indulging into theft of scrap materials. He is a threat to the people in the area and more particularly MIDC area. 4. From the record, it is apparent that the show cause notice alleges commission of offences by the petitioner in M.I.D.C. Taloja area. If this is the foundation for externing him, then there should be some nexus with the activities alleged and the areas from which he is proposed to be externed. That nexus having not been established even prima facie in this case, the order appears to be excessive and arbitrary and there is justification for the submission canvassed before me. No material is produced as to why the petitioner is externed from four districts and that too for a period of two years. 5. Having found that the petitioner is otherwise away from four districts from 15.7.2009 till date, the interest of justice would be served if the petition is made absolute, the orders under challenge are set aside and the petitioner is directed not to enter these districts till 15.1.2010. After this period, the petitioner shall be free to enter the subject districts. This 3 order will not prevent the respondents from taking steps as are permissible in law if the petitioner’s activities are found to be breaching public peace. Order accordingly. 6. Criminal Writ Petition stands disposed of. (S.C. DHARMADHIKARI, J.)