1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1995 OF 2009 Ashish Laxman Pawar .. Petitionerr Versus DCP, Zone V Mumbai & Anr. .. Respondents Mrs.V.R.Raje i/b. U.N.Tripathi for petitioner Mr.P.A.Pol, APP with Mrs.P.P.Bhosale, APP for State. CORAM : S.C.DHARMADHIKARI, J. DATE : 27th January 2010. P.C.: 1] The order of externment is challenged in this petition. 2] The order of the appellate authority confirms the externment order dated 6th April 2009. The petitioner appellant has been externed from the limits of the Brihanmumbai Police Commissioner’s limits and that of the Navi Mumbai Police Commissioner for a period of two years. 3] When he preferred an appeal, a hearing was held before the appellate authority on 9th June 2009 and by the impugned order the appeal 2 has been dismissed. From a perusal of the order passed by the appellate authority, it is apparent that the appellate authority has failed to apply its mind to the facts placed before it. The appellate authority should have not reproduced the allegations in the show cause notice or the findings in the order of externing authority only but it was expected that it applies its mind and comes to a conclusion as to whether the petitioner deserves to be externed, for what period and from which area. The order does not reflect any application of mind on these vital aspects. 4] Learned APP, therefore, found it difficult to support the same and prays that the matter be remanded back to the appellate authority for deciding petitioner’s appeal afresh on its own merits and in accordance with law. 5] Mr.Tripathi complains that the appellate authority had passed earlier order on 29th June 2009, the order of externment was of 6th April 2009 and for the entire period of the appeal there was no stay operating of the said order of externment. Therefore, the petitioner has remained out of the said areas. 3 6] In my view, this aspect can be taken care of by directing the Principal Secretary (Appeals) who is the appellate authority to decide this appeal afresh and on merits in accordance with law, without being influenced by the observations in its earlier order or that of the externing authority. The appellate authority to decide the appeal within fifteen days from today. 7] Time and again it has been emphasised that the appellate authority should apply its mind independently and decide the matter. There is nothing like a straight jacket formulae or a stereo typed narration of facts and wording of the order. Every single matter involves peculiar facts and in every single matter the appellate authority must be satisfied as to whether the externing authority applies its mind to all vital ingredients of the provisions in question. Further, on the matters highlighted above, it is expected that the appellate authority renders a reasoned order, for example, when it is referring to criminal case, number of charges and the offences alleged, it is not enough that it refers to only C.R.numbers or sections of IPC. It must arrive at a definite conclusion as to whether the offences alleged are such as would necessitate externment of the concerned accused. These are matters which must be decided not only on 4 the basis of number of cases registered, offences alleged and cases pending but in terms of the relevant statutory provisions i.e. Section 59 and 60 of the Bombay Police Act, 1951. It is hoped that the Court will not have to remind the appellate authority so also the externing authority of their duty in law. 8] It has been made clear to the learned APP that if the course adopted is repeated in future cases, this court may have to take judicial notice and issue appropriate directions, including setting up of an independent appellate authority within the framework of law. (S.C.DHARMADHIKARI, J)