TMI Blog1952 (5) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner is an Indian citizen and is said to be residing with his father at a place called Gogri Niwas , Vincent Road, Dadar, his father having a business in electrical goods in the city of Bombay.. On the 23rd July, 1951, the petitioner was served with an order purporting to have been made by the Commissioner of Police, Bombay, under section 27 (1) of the City of Bombay Police Act, directing him to remove himself from Greater Bombay and go to his native place at Amritsar in East Punjab. It was mentioned in the order that the petitioner was to comply with its directions within two days from the date it was made, and that he was to proceed to Amritsar by rail. On July 25, 1951, the petitioner made an application to the Commissioner of Po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice Act. His second contention is that the provisions of section 27(1) of the City of Bombay Police Act being in conflict with the fundamental rights enunciated in clauses (d) and (e) of article 19(1) of the Constitution are void under article 13(1) of the Constitution. The last contention urged, though somewhat faintly, is. that the provision of section 27(1) mentioned above is discriminatory in its character and offends against article 14 of the Constitution. As regards the first point, it is not disputed on behalf of the respondents that the order of externment, as was passed by the Commissioner of Police on 23-7-1951, is not in strict conformity with the provision of section 27(1) of the City of Bombay Police Act The order directed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay. In the first class of cases the order has got to specify the place where the externee is to remove himself to and it must also indicate the route by which he has to reach that place. On the other hand, when the externment is from the State of Bombay, the externee can remain anywhere he likes outside the State and no place of residence can or need be mentioned. In the case before us the externment order started by directing the petitioner to remove himself only out of Greater Bombay. It was incumbent in such a case for the authorities to specify the place where the externee was to stay. Actually a place, namely Amritsar, was specified in the order, but as it is not within the State of Bombay, it was manifestly beyond the jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kalyan which is within the State of Bombay. His request was acceded to and the Police actually took him to Kalyan on the evening of the 30th. We think that, in these circumstances, the order made on the 23rd July, 1951, might be construed to be an order of externment from Greater Bombay and though there was a mistake regarding the place where the externee was to remove himself to, the mistake was rectified by the petitioner choosing Kalyan as the place of residence and that choice being accepted and given effect to by the Police Department. We do not think that in these circumstances there is really any substance in the first point raised by Mr. Umrigar. The second point urged by the learned counsel raises the question as to whether sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xternee to enter the prohibited area even before the expiration of that period. Having regard to the class of cases to which this sub-section applies and t. he menace which an externment order passed under it is intended to avert, it is difficult to say that this provision is unreasonable. The Commissioner of Police can in a proper case cancel the externment order any moment he likes, if, in his opinion, the return of the externee to the area from which he was removed ceases to be attended with any danger to the community. As regards the procedure to be followed in such cases, section 27 (4) of the Act lays down that before an order of externment is passed against any person, the Commissioner of Police or any officer authorized by him shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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