"How State Visualizes Widow Lady To Earn Livelihood While Being Away From Home?": Gujarat High Court Stays Externment Order

The Gujarat High Court on Tuesday stayed an externment order passed by the Gujarat Government wherein a widow lady was externed for a period of six months from the District of Bharuch, over offences of bootlegging liquor.

On the basis of the stakes involved in the matter, the Bench of Justice Paresh Upadhyay asked the State Government as to how State visualizes the lady to earn her livelihood, from being away from her home for six months.

It may be noted that the said externment order had been passed in the exercise of powers under Section 56(a)of the Gujarat Police Act, 1951.

The matter in brief

The petitioner, a widow challenged the legality and validity of the orders of Externment dated February 23, 2021 passed by the sub-divisional magistrate, Bharuch passed on the basis of six F.I.R lodged her.

It was submitted that the Sub-divisional magistrate had passed the order without giving an opportunity of hearing and to appoint an advocate. It was also stated that mere registration of F.I.R cannot be said to be proof that the petitioner is dangerous person or bootlegger.

It was also argued that she is a widow and having no home outside the Bharuch district and even then, she was externed from the entire district Bharuch (for petty offence) the petitioner is a widow lady and she and which clearly indicated that the order was passed without applying the mind. 

It was also argued that she is not engaged in the business of prohibition which affected public health but allegation against the petitioner was for offence under prohibition act but amount which is alleged is rs 60 only, therefore, order against the petitioner is illegal and non-application of mind.

Lastly, the Court found that ends of justice would meet if the further execution and implementation of the externment order is suspended. Therefore, the Court ordered that further implementation and execution of the impugned externment order shall remain stayed, until further orders.

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