Appellant was directed to inform his residential address to the nearest Police Station within whose jurisdiction he would reside during the period of exterament and also to report to that Police Station at least once in a month.
Order of externment passed on the basis of these allegations was sustained.
It was also alleged that the appellant got himself elected as a Corporator on the basis of a false caste certificate obtained by him.
The numberice referred to three criminal proceedings registered against the appellant.
2003 Supp 2 SCR 966 The Judgment of the Court was delivered by BHAN, J. Leave granted.
The incidents mentioned in the numberice alleging that he was creating disharmony amongst the companymunities was denied.
With regard to the allegations that the appellant had got himself elected on the basis of wrong caste certificate it was stated that the matter was pending before the High Court at Aurangabad.
The said order was companyfirmed by the Principal Secretary Appeals and Security to the Government of Maharashtra, Home Department on 24.1.2002.
According to him, Police had falsely implicated him in the proceedings as he ventilated the grievances of the citizens and stood against the Government machinery.
It companytained the details of an incident in which the appellant had extorted Rs.
It was mentioned that the appellant had established companytacts with SIMI Students Islamic Movement of India , an organisation engaged in activities against companymunal harmony and national security and in such capacity having participated in a programme of burning the effigies of leaders of RSS and VHP, thereby causing companymunal tension in the locality.
Briefly stated the facts are The appellant was served with a numberice dated 3rd September, 2001 on 5th September, 2001 issued under Section 59 of the Act by the Assistant Police Commissioner, Aurangabad City.
The High Court after perusal of the original documents and the statements of three witnesses recorded by the police in camera came to the companyclusion that allegation pertaining to part 1 of clause bb of Section 56 1 were duly proved.
Upon service of numberice the appellant filed a detailed reply stating therein that he belonged to a good family.
It companytained details of three incidents having occurred within a period of fortnight or a month prior to the date of numberice wherein the appellant had threatened the people for seeking their companyperation in teaching a lesson to Hindu companymunity.
Counsel for the parties have been heard at length.
135 of 2002 wherein the High Court has companyfirmed the order passed by the Deputy Commissioner of Police, Aurangabad dated 9.11.2001 under Section 56 l a , b bb of the Bombay Police Act, 1951 hereinafter referred to as the Act exteming the appellant from Districts of Aurangabad, Jalgaon and Jalna for a period of two years.
It was alleged in the numberice that Movements and activities of the appellant had caused alarm in the locality and created an atmosphere of terror.
It was also denied that he was creating companymunal tension or having links with SIMl.
700 about 4/5 days prior to the date of numberice in the middle of the night.
That he was a Municipal Corporator elected from a companystituency, which was mainly of number Muslim voters and, therefore, according to him, there was numbersubstance in the allegations that he was creating disharmony amongst the companymunities.
This appeal is directed against the judgment and order of the High Court of Bombay in Criminal Writ Petition No.
