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2017 DIGILAW 1538 (JHR)

Md. Kalam @ Kalam Quraishi, S/o Ashik Quraishi v. State of Jharkhand

2017-08-29

RONGON MUKHOPADHYAY

body2017
ORDER : Heard the parties. 2. In this application, the petitioner has prayed for quashing the order dated 20.7.2017 in CCA Case No. 3 of 2017 passed by the District Magistrate-cum-Deputy Commissioner, Hazaribagh, whereby and whereunder in exercise of powers conferred under section 3 of the Jharkhand Control of Crimes Act, 2002, (Hereinafter referred to as the Act) an order of externment has been passed against the petitioner. 3. It has been submitted by the learned counsel for the petitioner that the order of externment does not contain any valid reason. It has further been submitted that merely on the basis of some Station Diary Entry, petitioner has been externed for the period of one month from the district of Hazaribagh. Learned counsel submits that Principles of Natural Justice has been violated as no opportunity of hearing was given to the petitioner in putting forward his case. 4. Mr. Binod Singh, learned S.C. L&C, has opposed the prayer made by the learned counsel for the petitioner and has submitted that act of the petitioner was such that an order of externment was passed against him. It has been submitted that petitioner is an anti social element and he comes within the definition of the same as per Section 2 (d) (3) of the Act. It has also been submitted that opportunity of hearing was given to the petitioner but since State Administration had to act immediately in order to maintain communal harmony, order of externment was passed on 20.7.2017 and the same therefore does not require any interference by this Court. Learned counsel submits that if the petitioner is indeed aggrieved with the order of externment, he should have preferred an appeal under section 6 of the Act but since the petitioner has not availed that remedy, present application is liable to be dismissed. 5. Factual aspect reveals that on 4.7.2017, Deputy Superintendent of Police, Hazaribagh vide Memo No. 1734/MU represented the District Magistrate-cum-Deputy Commissioner, Hazaribagh for initiating a proceeding under section 3 of the Act. Superintendent of Police vide Memo No. 581 dated 8.7.2017 had also approached the District Magistrate-cum-Deputy Commissioner, Hazaribagh for initiating a proceeding under section 3 of the Act against the petitioner since the petitioner is an anti social element. Superintendent of Police vide Memo No. 581 dated 8.7.2017 had also approached the District Magistrate-cum-Deputy Commissioner, Hazaribagh for initiating a proceeding under section 3 of the Act against the petitioner since the petitioner is an anti social element. In the recommendation, which was made by the Superintendent of Police, it was indicated that the act of cow slaughtering and sale of beef is illegal through out the State of Jharkhand and the petitioner was accused of doing such business although he does not have any license. It was also indicated therein that the act of the petitioner would lead to communal flare up, for which he has been warned but still the petitioner had continued the business of cow slaughtering and sale of beef. It also appears that several Station Diary Entries were made with respect to illegal activities of the petitioner. On the basis of Memo No. 924/law Hazaribagh dated 13.7.2017, CCA Case No. 3/2017 was initiated by the District Magistrate cum Deputy Commissioner, Hazaribagh for externment of the petitioner in terms of the Section 3 of the Act. An explanation-cum-show cause was called for by the District Magistrate cum Deputy Commissioner, Hazaribagh on 13.7.2017 calling upon the petitioner as to why the order of externment be not passed against the petitioner on the grounds mentioned by the Superintendent of Police as well as Deputy Superintendent of Police, Hazaribagh. Petitioner had appeared through his lawyer and prayed for sometime but the same was refused and therefore the impugned order dated 20.7.2017 was passed, in which the petitioner was externed for a period of one month starting from 23.7.2017, which was valid up to 22.8.2017. Impugned order dated 20.7.2017 reveals that on the basis of several Station Diary Entries, which basically reveals that petitioner was engaged in the act of cow slaughtering as well as accused of selling beef. After receipt of the show cause notice, petitioner had appeared before the authority and had prayed for sometime to file a reply but the same was refused and the order of externment was passed on 20.7.2017. Petitioner was directed to appear on 15.7.2017. After receipt of the show cause notice, petitioner had appeared before the authority and had prayed for sometime to file a reply but the same was refused and the order of externment was passed on 20.7.2017. Petitioner was directed to appear on 15.7.2017. Petitioner duly appeared pursuant to receipt of the show cause notice but it appears that the District Magistrate cum Deputy Commissioner, Hazaribagh had acted in an arbitrary manner and in haste while passing impugned order dated 20.7.2017 as no proper opportunity was given to the petitioner for filing his show cause. Argument of learned counsel for the State with respect to the fact that considering the gravity of offence no opportunity was given to the petitioner seems to be a fallacious argument inasmuch as petitioner was externed for a period of only one month from 23.7.2017 to 22.8.2017. Impugned order dated 20.7.2017 therefore clearly reveals violation of Principles of Natural Justice in absence of giving proper opportunity to the petitioner. 6. Accordingly, in view of what has been stated above, this application is allowed. Impugned order dated 20.7.2017 in CCA Case No. 3 of 2017 passed by the District Magistrate-cum-Deputy Commissioner, Hazaribagh, whereby and whereunder in exercise of powers conferred under section 3 of the Jharkhand Control of Crimes Act, 2002, an order of externment has been passed against the petitioner, is hereby quashed and set aside. 7. This application stands disposed of.