Team Herald
PANJIM: The High Court of Bombay at Goa has quashed and set aside the Goa government’s externment order against alleged accused Sandeep Pujari for want of material evidence.
The order comes in response to a criminal writ petition filed by Pujari seeking to quash and set aside the order passed in 2015 externing him for a period of two years. The chief secretary and the North Goa district magistrate had observed that Pujari was continuing to cause alarm, danger and harm to person and property in association with the gang of persons and that his presence was prejudicial to the maintenance of public order and tranquillity.
The petitioner through his lawyer Arun Bras De Sa challenged the order in the High Court denying the charges while also mentioning that the externment proceeding was initiated by the police in 2011 and a show-cause was issued 15 months later.
On hearing arguments, the Division Bench of Justices F M Reis and Nutan Sardesai observed that the district magistrate’s order did not pass the test of reasonableness and fairness as it is infringing upon the personal liberty of the petitioner.
Setting aside the externment order, the Bench also pointed out that the Chief Secretary had also not considered various judgments relied upon by the petitioner.
observing that though the petitioner was acquitted in the earlier cases filed against him, it did not hamper the externment proceedings. The chief secretary had concluded that there were no reasonable grounds to interfere in the order passed by the magistrate.
