Nagpur: The Nagpur Bench of Bombay High Court presided over Justice S B Shukre and Justice M J Jamadar have granted ad interim stay to the order of externment passed under Sec 56 (1)(B) of Mumbai Police Act externing Seema Manoj Pala, resident of Wardha, for a period of 1 year.
The petitioner, Seema Manoj Pala received show cause notice dated 22-06-19 issued by Sub-Divisional Magistrate, Wardha. The petitioner was called upon in accordance with the provisions of the show cause as to why order of externment should not be passed under Section 56 (1)(b) of Mumbai Police Act and why she should not be externed from Chandrapur, Nagpur, Amravati, Yavatmal District for a period of 2 years.
It was the allegation that, Seema Manoj Pala was having 34 crimes registered against her at Wardha City police station, Wardha. She had created terror amongst people and people were not willing to give evidence against her. It was also alleged that, two persons had given in camera statement about the illegal activities of Seema Manoj Pala.
Seema Pala, in accordance with the show cause notice, appeared before Sub-Divisional Magistrate, Wardha, District Wardha and given her oral reply on 22-06-19. It is submitted that the statement of Seema and her witnesses was recorded by Sub-Divisional Magistrate and same was treated as her reply. It is submitted that, Seema had stated in her reply that, though she has been charged with certain offences but she is falsely implicated and she not been convicted in any of the offences and she is a law abiding citizen. She has not committed any offences and prayed for dropping of the externment proceedings.
The Sub-Divisional Magistrate, Wardha, by his order dated 7-02-2020, considered the record and passed an order whereby directing that the petitioner be externed from Wardha District for a period of one year, under the provisions of Section 56(l)(B) of the said Act.
Considering the submissions of non-application of mind while passing the order of externment, the High Court Division Bench granted stay to the order of externment.
Adv Mir Nagman Ali appeared for Seema Manoj Pala.