Bombay High Court Upholds Externment Order Against Gang Member Under Maharashtra Police Act Provisions

The High Court of Judicature at Bombay has dismissed a Writ Petition filed by Vignesh Ramesh Kamble, challenging a long-term externment order that barred him from Mumbai for 18 months. The court held that the procedural requirements for externing a gang member under the Maharashtra Police Act, 1951, were fully satisfied in this case.

Background and Dispute

The Petitioner, identified as a member of a criminal gang led by Sunil @Sunny Balaram Patil, contested the externment orders passed by the Deputy Commissioner of Police (Zone-6, Chembur) on January 21, 2026, and subsequently upheld by the Divisional Commissioner, Konkan Division, on July 3, 2026. Legal records indicate that the Petitioner faces four criminal cases, with the most recent charge involving Sections 302 (murder) and 307 (attempt to murder) of the Indian Penal Code, along with charges under the Maharashtra Control of Organised Crime Act, 1999, which is currently pending trial.

Arguments Presented

The Petitioner’s counsel argued that the externment order lacked legal validity, citing the precedent in Jabbar Razzak Shaikh & Anr. vs. The Divisional Commissioner, Pune & Ors. , where the court scrutinized the sufficiency of "in camera" witness statements referenced in show-cause notices. Conversely, the State, represented by the Additional Public Prosecutor, maintained that the authorities had correctly exercised their powers under Section 55 of the Maharashtra Police Act, 1951, citing the petitioner's direct association with a group involved in 31 documented criminal cases.

Legal Analysis and The "Section 55" Distinction

The court provided a crucial clarification regarding the legal threshold for externment under the Maharashtra Police Act. Justice Madhav J. Jamdar emphasized that the "subjective satisfaction" required under Section 55 (regarding gangs or bodies of persons) is distinct from the satisfaction required under Section 56 (regarding individual actions). When invoking Section 55, the authority must record satisfaction regarding the activities of the group as a whole, which poses a threat to public safety and order. Finding that the Petitioner was an active member of a gang with a history of serious offenses, the Court deemed the authorities' subjective satisfaction to be legally sound.

Key Observations

The judgment clarifies the application of police powers in criminal gang cases:

  • "The subjective satisfaction contemplated under Section 55 of the Maharashtra Police Act, 1951 , where the externment action is contemplated against the gangs and bodies of persons and under Section 56... are totally different."
  • "The authorities can pass order of externment if the movement or encampment of any gang or body of persons in the area in his charge is causing or is calculated to cause danger."
  • "The subjective satisfaction which is required to be recorded is about the activities of gang or bodies of persons of which the Petitioner is member."
  • "There is adequate material on record including against the Petitioner which demonstrate that subjective satisfaction recorded... is properly recorded."

Conclusion

Finding no grounds for interference, Justice Jamdar dismissed the Writ Petition. This ruling reinforces the authority of police and administrative bodies to take proactive preventative measures against organized criminal syndicates, provided the specific requirements of the Maharashtra Police Act are met during the externment process.