Describing as "unjust, unfair and arbitrary", the Bombay High Court has quashed and set aside two orders of police and government, externing businessman Naseem Ahmed Salim Ahmed Shaikh from the city limits for two years.
Justices S C Dharmadhikari and S B Shukre observed yesterday that externment orders issued by Superintendent of police(SP), National Investigation Agency (NIA), and Principal Home Secretary of Maharashtra Government, were not in keeping with the Supreme court directives.
These orders had been issued due to non-application of mind, the judges said.
The petitioner said that on March 8, 2011, he was issued a show cause notice by Deputy Commissioner of Police, asking him to show cause as to why he should not be externed.
Naseem Shaikh gave a written explanation and was also present during the hearing of the enquiry against him. After the hearing, the petitioner was externed by the NIA SP through an order dated August 5, 2011, from the limits of the city and suburbs for two years.
The petitioner appealed against the order and his externment was confirmed by the appellate authority on September 2, 2011.
Being aggrieved, he moved the Bombay High Court which dismissed his petition on November 23, 2011. Later, he filed a fresh petition which was also dismissed on March 16, 2012.
The petitioner then filed an appeal in the apex court which on September 18, 2012, allowed it and set aside the orders passed by the externing authority and also the appellate and other superior authorities confirming the same.
The apex court remanded the matter to the externing authority i.E the concerned Deputy Commissioner of Police with direction to hear the petitioner and his counsel once again and pass a fresh order after going through his written explanation and the evidence available on record.
