Connect with us

Hi, what are you looking for?

SLC Reads

“How State Visualizes Widow Lady To Earn Livelihood While Being Away From Home?”

The Gujarat High Court asked the State Government to explain‘How State visualizes the lady to earn her livelihood, from being away from her home for six months

On July 6 the Bench of Justice Paresh Upadhyay stayed an externment order passed by the Gujarat Government wherein a widow lady was externed for a time of six months from the District of Bharuch, for offenses of bootlegging liquor.

Socio Legal Corp

By Himani Baid

The Gujarat High Court asked the State Government to explain ‘How State visualizes the lady to earn her livelihood, from being away from her home for six months.

On July 6 the Bench of Justice Paresh Upadhyay stayed an externment order passed by the Gujarat Government wherein a widow lady was externed for a time of six months from the District of Bharuch, for offenses of bootlegging liquor.

The externment order was passed in the exercise of powers under Section 56(a) of the Gujarat Police Act, 1951.

The petitioner was a widow from Lakhi village in Bharuch district. She was reserved by Bharuch Marine police station on six occasions, mostly for shipping country liquor in a quantity of three-four liters. Also, once, she was allegedly caught with liquor worth Rs 1,600. On February 23, a sub-divisional magistrate requested her to leave Bharuch district for six months.

Further, it was submitted that the Sub-divisional magistrate had passed the order without offering a chance of hearing and to appoint an advocate. It was likewise stated that mere registration of F.I.R cannot be said to be proof that the petitioner is a dangerous person or bootlegger.

It was additionally contended that the petitioner is a widow and has no home outside the Bharuch district and even then, she was externed from the entire district Bharuch for a petty offense, and this plainly demonstrates that the order was passed without applying the mind.

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

Taking everything into account, 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.

Additionally, the government has been asked to reply by August 6, when a further hearing has been posted.

Comments
Advertisement

Related Posts

SLC Reads

@newsdesk_slc Devshibhai Raydebhai Gadher vs State of Gujarat A writ petition was filed in Gujarat HC challenging against the decision of the District Magistrate...

SLC Reads

Written by Shaurya Mahajan Today, the Supreme Court in the case of State of Gujarat vs R.J. Pathan observed that a High Court cannot...

SLC Reads

Written by Shaurya Mahajan Today, on 25 March 2022, the Supreme Court in the case of Tushar Arun Gandhi vs State of Gujarat &...

SLC Reads

By – Neha Virmani The division bench of High court of Gujarat comprising of Justice J.B Pardiwala and Niral R Mehta heard a challenge...