THE ALLAHABAD High Court has directed the Banda district magistrate to show cause within three weeks, as to why he had issued a notice dated August 7, 2006, under section 3 of the UP Control of Goondas Act, 1970, against Ram Babu Nishad, which was not in accordance with law and as to why the petition may not be allowed and personal cost be not imposed.
Passing this order, a Division Bench, comprising Justice Imtiyaz Murtaza and Justice Amar Saran, also directed the Banda DM appear in person in the court and show cause.
This order was passed on a writ petition filed by Ram Babu Nishad challenging the notice by the Banda DM on the ground that the impugned notice did not contain the general nature of material allegations, as per guidelines given in the Full Bench decision in the case of Bheem Sen Tyagi Vs State of Uttar Pradesh.
Passing this directive, the court observed that the result of issuance of such illegal notices, which do not mention the general nature of material allegations, the UP Control of Goonda Act, which is meant for establishing peace and security in society by allowing externment proceedings to be taken against persons who are involved in a series of offences and have become a threat to society, has been made a dead letter, because the High Court has no option in such cases, except to stay or quash such illegal notices which are not in accordance with the Full Bench decisions.