Mumbai, Dec 20 (UNI) The Bombay High Court today set aside an externment order slapped on Dance Bar Owners Association President Manjitsing Sethi stating that the order was passed with an apparent preconceived bias against the controversial bar owner.
Deputy Commissioner of Police (zone four) Sunil Ramanand had issued the order of externment against Sethi on November 26, asking him to leave the city limits for one year. Apart from this, Sethi was also directed to report to Vasai Police Station once a month, as he was about to reside in the jurisdiction of the police station.
Sethi had challenged the order in the High Court.
The division bench comprising Justices R M S Khandeparkar and Amjad Sayyad observed that it disclosed predetermined mindset and a clear bias on the part of the authority concerned, which vitiated the externment order.
The externment order was based on some earlier cases filed against Sethi, but the court found that none of those cases were sufficient to prove probable danger from Sethi or sufficient to warrant action of externment under Section 56 of the Bombay Police Act.
While setting aside the externment order, the court also observed that the concerned authority should act fairly and should not act with a preconceived bias. The court has warned that exercise of the power to issue such orders should not be made arbitrarily and at the whims of authority concerned, and the order must be meant to maintain public order and not for an annoyance to any person even the concerned authority.