The Allahabad High Court has stayed the operation of an externment order issued against one Ashu alias Ashu Garg under the Uttar Pradesh Control of Goondas Act, 1970. The Court found that the impugned order passed by the Commissioner, Meerut Division, as well as the externment order by the Additional Police Commissioner, Ghaziabad, appeared to be passed in a mechanical manner without proper application of mind.
Case Background
The petitioner, Ashu @ Ashu Garg, had filed a Criminal Misc. Writ Petition (No. 13952 of 2025) seeking to quash the order dated 06.06.2025 passed by the Commissioner, Meerut Division in Case No. 2307 of 2024 (Computerized Case No. C202411000002307) under Section 6 of the U.P. Goonda Control Act, 1970. He also challenged the externment order dated 08.10.2024 issued by the Additional Police Commissioner, Commissionerate Ghaziabad, in Case No. 594 of 2024 under Sections 2/3 of the Act. The petitioner was represented by advocates Mohd. Samiuzzaman Khan and Zeeshan Khan, while the State was represented by the Learned Additional Government Advocate (AGA).
Submissions by the Petitioner
Counsel for the petitioner argued that the impugned orders were passed without evaluating the merits of the case. It was submitted that the petitioner does not satisfy the definition of a “Goonda” under the U.P. Goonda Control Act, 1970, and hence, proceedings under the Act were unwarranted. The petitioner also contended that the impugned orders failed to reflect any independent application of mind by the authorities and were thus liable to be quashed.
Submissions by the Respondent
The learned Additional Government Advocate (AGA) opposed the petition and sought time to file a counter affidavit.
Court’s Observations
Justice Sandeep Jain, hearing the matter, observed:
“It is evident from a perusal of the impugned order that it was passed in a mechanical manner. It fails to examine whether the applicant falls within the definition of ‘Goonda’ as defined under the Act. Furthermore, there is no indication that the lower court thoroughly reviewed the facts of the case mentioned in the order. Therefore, the order appears prima facie to be illegal.”
While refraining from issuing a final ruling at this stage, the Court acknowledged the necessity of granting the State an opportunity to respond.
Interim Order
The Court granted two weeks’ time to the State to file a counter affidavit. The petitioner will be entitled to file a rejoinder within the next two weeks thereafter. In the meantime, the High Court directed:
“The effect and operation of the order dated 06.06.2025 passed by the Commissioner Meerut Division, Meerut… as well as Externment Order dated 08.10.2024 passed by the Additional Police Commissioner Commissionerate, Ghaziabad… shall remain stayed.”
The matter has been directed to be listed thereafter for further hearing.
Case Title: Ashu @ Ashu Garg v. State of U.P. & Others
Case No.: Criminal Misc. Writ Petition No. 13952 of 2025
Bench: Justice Sandeep Jain
