SCR.A/2344/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 2344 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= TARUN RAMANLAL VAISYA - Applicant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MS SUBHADRA G PATEL for Applicant(s) : 1, MR LR PUJARI PUBLIC PROSECUTOR for Respondent(s) : 1, RULE SERVED BY DS for Respondent(s) : 2, None for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 08/01/2008 ORAL JUDGMENT 1.0 By way of this petition, the externee has challenged the show-cause notice dated 12.01.2007 and the order dated 07.09.2007 passed by the Deputy SCR.A/2344/2007 2/4 JUDGMENT Commissioner of Police, Ahmedabad-respondent No.2 as well as order dated 01.12.2007 passed by the Additional Secretary, Home Department, Gandhinagar- respondent No.3. 2.0 Learned Advocate for the externee, has restricted his arguments to the aspect of delay in passing the order of externment, only. She has submitted that the order of externment passed by the externing authority is bad in law on the ground that show-cause notice was issued on 12.01.2007 whereas the order of externment was passed by the Authority on 07.09.2007 i.e. there is delay of about eight months in passing the order of externment which is not explained by the Authorities. 3.0 Heard. Considering rival side contentions the only question that needs to be addressed by this Court is whether there was delay in passing the order of externment after issuing show-cause notice to the externee or not. 3.1 In my view externing authority before passing the order of externment, must satisfy subjectively that no witnesses are willing to come SCR.A/2344/2007 3/4 JUDGMENT forward to depose against the externee. In the case on hand show-cause notice was issued on 12.01.2007 whereas the order of externment was passed on 07.09.2007. Therefore, there is a delay of about eight months which has not been explained by the authority while passing the order of externment. It may also be noted that even the externee had filed an appeal before the respondent No.3 raising the very same ground of unreasonable and unexplained delay of about eight months in passing the order of externment, but, the same was not considered by the respondent No.3. On the contrary, by its order dated 01.12.2007 the respondent No.3 confirmed the order of externment passed against the externee which shows non consideration of this vital point by the respondent No.3. Hence, in view of the above discussion the order of externment deserves to be quashed and set aside. 4.0 In view of the above, the application is allowed. The show-cause notice dated 12.01.2007 and the order dated 07.09.2007 passed by the Deputy Commissioner of Police, Ahmedabad-respondent No.2 as well as order dated 01.12.2007 passed by the SCR.A/2344/2007 4/4 JUDGMENT Additional Secretary, Home Department, Gandhinagar- respondent No.3 are quashed and set aside. Rule is made absolute. Direct service is permitted. (M.D. Shah, J.) Umesh/