‘2004 offence cannot be basis for externment’
The Bombay High Court has quashed the externment notice issued by the police to a person based on an offence he committed in 2004.
Justice V.M. Kanade repealed the externment notice issued to Imran Suleman Shaikh on March 15, 2010.
According to Shaikh’s advocate, V.R. Raje, the police notice mentioned the criminal case filed against Shaikh in 2004 in which, he was convicted in the year 2006.
Raje argued that the cases mentioned by the police are not proximate in point of the time to the show-cause notice.
The externing authority has to be satisfied that the person is likely to commit an offence, but it could not arrive at such a conclusion, particularly when the cases filed against the petitioner are of 2004, said Raje.
Additional Public Prosecutor J.P. Kharge informed the court that the police was not in a position to point out any other material on the basis of which they reached a conclusion that Shaikh was likely to commit another offence.
Besides, there is no material to show that he committed any such (criminal) activity during the last six years. Also, no non-cognisable complaint has been filed against Shaikh during these years.
Therefore, Justice Kanade concluded that it was difficult to hold that Shaikh was likely to commit an offence based on a 2006 conviction.