Bombay High Court Sets Aside Externment Order Due To Procedural Lapses In Legal Inquiry - 2025-09-15

Bombay High Court Sets Aside Externment Order Due To Procedural Lapses In Legal Inquiry

In a significant ruling emphasizing the sanctity of individual liberty, the High Court of Judicature at Bombay, Nagpur Bench, has quashed an externment order passed against a labor worker, Bharat Shatrughana Bhosale. The decision, delivered by Justice M.M. Nerlikar on September 15, 2025, underscores that procedural fairness is not merely a formality but a non-negotiable constitutional mandate.

Case Background

The petitioner, a resident of Pentakli, faced an externment order issued by the Sub-Divisional Officer of Mehkar on April 29, 2025, which was subsequently upheld by the Divisional Commissioner of Amravati on June 19, 2025. The authorities relied on a list of seven criminal cases spanning from 2000 to 2024 to justify restricting his movement for six months under the Maharashtra Police Act, 1951. The core issue before the court was whether the authorities had complied with the mandatory statutory inquiry process required by Section 59 of the Act before stripping a citizen of their fundamental rights.

Arguments Presented

Counsel for the petitioner argued that the externment proceedings were marred by a gross violation of the principles of natural justice. Specifically, the petitioner was never served the mandatory notice required under Section 59, which is designed to inform the proposed externee of the general nature of allegations and provide them an opportunity to defend themselves. The State, represented by the Additional Public Prosecutor, conceded that while a notice had been issued, it was never successfully served upon the petitioner, and a report to that effect was filed with the police authorities.

Legal Analysis

The High Court’s analysis focused on the role of Section 59 as the "heart and soul" of the externment process. By referencing landmark Supreme Court precedents such as Nawabkhan Abbaskhan v. State of Gujarat and Pandharinath Shridhar Rangnekar v. Commissioner of Police , the court noted that restrictions on fundamental rights under Article 19 of the Constitution must pass the test of strict procedural compliance.

The court observed that the authorities failed to record reasons for their reliance on stale cases, some dating back to 2000, and ignored the petitioner’s explanations regarding his acquittal or discharge in most of the listed crimes. The lack of reference to "in-camera" statements in the final order further highlighted an arbitrary exercise of power without proper application of mind.

Key Observations

The judgment features several critical observations regarding the exercise of state power:

• "If the enquiry under Section 59 of the Act is conducted without giving an opportunity to the externee, the entire proceeding stands vitiated."
• "The duty to hear manacles his jurisdictional exercise and any act is, in its inception, void except when performed in accordance with the conditions laid down in regard to hearing."
• "Before exercising the powers under Sections 55, 56 and 59 of the Act, the concerned officers should bear in mind that they are dealing with personal liberty guaranteed under Article 19 of the Constitution."
• "A determination is no determination if it is contrary to the constitutional mandate of Art. 19."

Court's Decision

Concluding that the entire exercise was void due to the blatant disregard for statutory mandates and constitutional values, the Court allowed the Writ Petition. It quashed and set aside the orders dated April 29, 2025, and June 19, 2025. The ruling serves as a stern reminder to administrative authorities that personal liberty cannot be curtailed through mechanical or casual proceedings, and that strict adherence to the rule of law is the primary defense against administrative absolutism.