‘Corporator’s character certificate is of no use to quash externment order’

Source: The Hitavada      Date: 06 May 2018 08:46:09


Staff Reporter,

Can a corporator’s character certificate be cited as evidence to quash externment order ? One externee Rajendra Rajabhau Kirad, who was externed due to three serious offences registered against him including two under NDPS, produced a letter by corporator of that area describing petitioner as “a respectable person” and asserting that he was not involved in crime while requesting the High Court to quash the externment order passed by Deputy Commissioner of Police (Zone-III) on January 10, 2018.

A division bench consisting of Justice Vasanti Naik and Justice Swapna Joshi, while completely rejecting this argument noted that character certificate issued by a corporator of the same area would not help an externee against whom serious offences were registered.

According to petitioner, the offences registered against him were bailable offences and therefore, he should not have been externed from Nagpur city and rural area for the alleged commission of the offences. Claiming complete innocence, the petitioner produced on record a letter of corporator describing him as a respectable person vouching that he was not involved in crime.

The impugned externment order cannot be set aside on either of the grounds raised by the petitioner, the High Court stated while observing that offences registered against petitioner were grave, serious and are committed by him in immediate succession.