ASHRAFBHAI JUMABHAI KHAFIversusSTATE OF GUJARAT

     R/SCR.A/13028/2025                                  CAV ORDER DATED: 19/01/2026




                                                     Reserved On : 26/11/2025
                                                     Pronounced On : 19/01/2026

               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION (AGAINST ORDER OF
                    EXTERNMENT) NO. 13028 of 2025

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                          ASHRAFBHAI JUMABHAI KHAFI
                                    Versus
                           STATE OF GUJARAT & ORS.
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Appearance:
NABIL O BLOCH(7953) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
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  CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
        DESAI

                                 Date : 19.01.2026

                                    CAV ORDER


1.        By filing the present petition under Article 226 of the
Constitution of India, the petitioner has prayed for the following
reliefs:
                  “(A) quash and set aside the Externment Order bearing
                  No.HADPARCASE/REG.06/2025 dated 25.07.2025 passed
                  under Section 56(a) of the Gujarat Police Act 1951 passed by
                  Sub Division Magistrate Jamnagar(City) at Annexure – A to
                  this Petition and further be pleased to allow Petitioner to
                  enter in the Jamnagar City forthwith, and

                  (B)   pending admission and 6nal disposal of this petition,
                  the Honourable Court may further be pleased to stay the
                  Externment Order bearing No. HADPARCASE/REG.06/2025
                  dated 25.07.2025 passed under Section 56(a) of the Gujarat
                  Police Act 1951 passed by Sub Division Magistrate
                  Jamnagar(City) at Annexure – A to this Petition and further be
                  pleased to allow Petitioner to enter in the Jamnagar City
                  forthwith, and

                  (C)   grant any other relief or pass any other notice, which
                  the Honourable Court may consider just and proper in the



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     R/SCR.A/13028/2025                              CAV ORDER DATED: 19/01/2026




                  facts and circumstances of the case and in the interest of
                  justice.”

2.        By virtue of this petition, the applicant has challenged the
order of the Sub-Divisional Magistrate of Jamnagar, passed in
Externment Case No. 06/2025, dated 25.07.2025 whereby, the
applicant was externed from the district of Jamnagar for six
months, which order was upheld by the Appeal Authority & Joint
Secretary (Law and Order), dated 6.9.2025 in the appeal preferred
by him, under Section 60 of the Gujarat Police Act, 1951.

3.        Heard learned advocate Mr. Nabil Bloch for the applicant who
has submitted that, the concerned authorities have not applied their
minds to the facts of the case, before passing the impugned order
based upon the two FIRs, which have been considered by both the
authorities out of which, one FIR came to be registered in the year
2023, whereas, another FIR came to be registered in the year 2024.
Mr. Bloch has submitted that, the applicant has already been
acquitted in the offence which was registered in the year 2023 and,
both these offences pertained to private disputes, wherein, public at
large was never affected. It can be gathered that, the concerned
authorities had not arrived at a subjective satisfaction, as regards
the activities of the applicant being injurious to the public at large.
Accordingly, Mr. Bloch has submitted that, the present petition be
allowed and the impugned orders be quashed and set aside.

4.        Learned APP Ms. Jirga Jhaveri, has strongly opposed this
application inter alia contending that, the concerned authorities had
rightly taken note of the two FIRs which came to be registered
against the applicant and, had rightly arrived at a subjective
satisfaction to the effect that, criminal activities carried out by the
applicant were injurious to the public at large. Learned APP has
therefore submitted that, this Court should not interfere with the
findings recorded by the concerned authorities and accordingly,
dismiss the application.


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5.        The Sub Divisional Magistrate of Jamnagar had passed an
order externing the applicant from the geographical limits of
Jamnagar district, in exercise of his powers under Section 56 of the
Gujarat Police Act, 1951. The said Section empowers the Sub
Divisional Magistrate to extern a person from the local limits of his
jurisdiction or such area and any district or districts or any part
thereof, contiguous thereof in the following circumstances:

                  "(a) that the movements or acts of any person are causing or
                  calculated to cause alarm, danger or harm to person
                  property, or

                  (b) that there are reasonable grounds for believing that such
                  person is engaged or is about to be engaged in the
                  commission of an o9ence involving force or violence or an
                  o9ence punishable under Chapter XII, XVI or XVI or XVII the
                  Indian Penal Code, or in the abetment of any such o9ence,
                  and when in the opinion of such o=cer witnesses are not
                  willing to come forward to give evidence in public against
                  such person by reason of apprehension on their part as
                  regard the safety of their person or property, or

                  (c) that an out break epidemic diseases is likely to result from
                  the continued residence of an immigrant .…”


6.        On perusing the order passed by the learned Sub Divisional
Magistrate of Jamnagar, it appears that the two offences which had
been registered against the applicant by Jamnagar City A Division
Police Station in the years 2023 and 2024, had weighed with the
learned Sub Divisional Magistrate, and on the basis of                           said
offences, the Sub Divisional Magistrate had recorded that, the
applicant was involved in antisocial and illegal activities, which
proved to be disturbing the peaceful existence of the society at


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     R/SCR.A/13028/2025                                    CAV ORDER DATED: 19/01/2026




large, and that, he was a hot headed individual, and everyone
being afraid of him, none were coming forward to registered any
complaint against him.


7.        It is pertinent to note that, no untoward incident as regards
the      applicant        having   disturbed     public   tranquility     or    having
committed any criminal breach has been registered in either
Jamnagar district from which, the applicant was ordered to be
externed by the Sub Divisional Magistrate, after the said order
having been passed on 25.07.2025, or in the district, wherein, he is
presently residing.


8.        The Appellate Authority vide it’s order dated 04.09.2025 has
merely reproduced the gist of the order passed by the Sub
Divisional Magistrate of Jamnagar and nothing more. There does
not appear to be any independent application of mind by the said
Appellate Authority.


9.        The Hon'ble Apex Court in its judgment in case of Deepak S/o
Laxman Dongre v. State of Maharashtra, reported in AIR 2022 SC
1241 in para 7 has observed as under:

                  "7. There cannot be any manner of doubt that an order of
                  externment is an extraordinary measure. The e9ect of the
                  order of externment is of           depriving a citizen of his
                  fundamental right of free movement throughout the territory
                  of India. In practical terms, such an order prevents the person
                  even from staying in his own house along with his family
                  members during the period for which this order is in


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               subsistence. In a given case, such order may deprive the
               person of his livelihood. It thus follows that recourse should
               be taken to Section 56 very sparingly keeping in mind that it
               is an extraordinary measure. For invoking clause (a) of sub-
               section (1) of Section 56, there must be objective material on
               record on the basis of which the competent authority must
               record its subjective satisfaction that the movements or acts
               of any person are causing or calculated to cause alarm,
               danger or harm to persons or property. For passing an order
               under clause (b), there must be objective material on the
               basis   of   which   the   competent   authority    must    record
               subjective satisfaction that there are reasonable grounds for
               believing that such person is engaged or is about to be
               engaged in the commission of an o9ence involving force or
               violence or o9ences punishable under Chapter XII, XVI or XVII
               of the IPC. O9ences under Chapter XII are relating to Coin
               and Government Stamps. O9ences under Chapter XVI are
               o9ences a9ecting the human body and o9ences under
               Chapter XVII are o9ences relating to the property. In a given
               case, even if multiple o9ences have been registered which
               are referred in clause (b) of sub-section (1) of Section 56
               against an individual, that by itself is not su=cient to pass an
               order of externment under clause (b) of sub-section (1) of
               Section 56. Moreover, when clause (b) is sought to be
               invoked, on the basis of material on record, the competent
               authority must be satis6ed that witnesses are not willing to
               come forward to give evidence against the person proposed
               to be externed by reason of apprehension on their part as
               regards their safety or their property. The recording of such
               subjective satisfaction by the competent authority is sine qua
               non for passing a valid order of externment under clause (b)."


10.    Upon perusal of the entire record, except the statements of
two witnesses which form part of the order of the Sub Divisional


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            R/SCR.A/13028/2025                                                                      CAV ORDER DATED: 19/01/2026




        Magistrate, Jamnagar, there is no other incriminating material
        against the applicant, on the basis of which, the concerned
        authority could have arrived at a subjective satisfaction to the effect
        that, the antisocial and illegal activities of the applicant were
        injurious to the people of the area. It can also be gathered from the
        statements of the two witnesses which have been reproduced by the
        Sub Divisional Magistrate, Jamnagar in his order that, specific
        period of offence is not mentioned by the said two witnesses. Also,
        both these statements are identical in nature. It is indeed surprising
        that, inspite of two F.I.Rs having been registered against the
        applicant, none had come forward to give their statements to the
        Sub-divisional Magistrate.


        11.        Hence, the present special criminal application is allowed and
        the impugned order of externment passed by the Sub–Divisional
        Magistrate,               Jamnagar                dated           25.07.2025                being           numbered                as
        externment Case No.06/2025, as well as the order of the Appellate
        Authority dated 04.09.2025, upholding the order of the Sub–
        Divisional Magistrate of Jamnagar dated 25.07.2025, are hereby
        quashed and set aside. Rule is made absolute.




                                                                             (UTKARSH THAKORBHAI DESAI, J)
        KAJAL




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAJAL KISHORBHAI NAVLAKHA(HCD0076), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 19/01/2026 19:11:42



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