An externment order can be quashed if it is excessive and lacks subjective satisfaction and reasons for externment from specific areas. The court's power is limited to quashing orders passed in excess of jurisdiction.

S.S. Shinde, J.

1. Rule. Rule made returnable forthwith and heard finally by consent of the learned counsel for the parties.

2. By this Petition under Article 226 of the Constitution of India, the petitioner is praying for quashing and setting aside impugned judgment and order No. 2013/MAG/CR-03 dated 4/8/2014 passed by Sub-Divisional Magistrate, Jalna Sub-Division, Jalna thereby externing the petitioner from the boundaries of Jalna and Aurangabad districts for a period of two years.

3. The learned counsel appearing for the petitioner confined his arguments to only one ground that, without recording subjective satisfaction and reasons in the externment order, the petitioner is externed from two districts i.e. Jalna and Aurangabad. It is submitted that, offences which are registered against the petitioner are in Kadim Jalna Police Station located at Jalna. It is submitted that, even the alleged prejudicial activities of the petitioner, as stated in the show-cause notice, are in the vicinity of Kadim Jalna area at Jalna. Therefore, the learned counsel appearing for the petitioner submits that, the order is excessive, inasmuch as, the petitioner is externed from Jalna and Aurangabad districts.

4. The learned Additional Public Prosecutor relying upon the show-cause notice and reasons recorded in the order of externment passed by the Sub-Divisional Magistrate, Jalna Division, Jalna submits that, the externment order is in conformity with the material placed on record and also within fore corners of the provisions of Sections 56 and 59 of the Bombay Police Act, 1951, therefore, this Court may not interfere in the impugned order.

5. We have given careful consideration to the submissions of the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State. We have also perused the original record made available by the learned Additional Public Prosecutor for perusal of this Court, show-cause notice and order impugned in this Petition. Since the Petition is confined only to the ground that, the externment order is excessive, inasmuch as the petitioner's alleged prejudicial activities are in the show-cause notice confined to Kadim Jalna area at Jalna, however, the petitioner is externed from two districts, we are confining our adjudication to the aforesaid ground alone.

6. Upon careful reading of the original record, show-cause notice and also the impugned order, so far alleged pre-judicial activities of the petitioner are concerned, same are described in Kadim Jalna area at Jalna, there is no discussion or subjective satisfaction disclosed in the impugned order, why the externment of the petitioner from Aurangabad district is necessary. It is only mentioned in the order that, there is a probability that he will continue these activities even in the adjoining district. Upon careful reading of the show-cause notice and also the impugned order, it appears that, the offences registered against the petitioner are at Kadim Jalna Police Station located at Jalna. Therefore, it is crystal clear that, the Sub-Divisional Magistrate, Jalna Division, Jalna has not assigned any reasons or recorded the subjective satisfaction about the externment of the petitioner from Aurangabad district.

7. The point raised in this Petition is no longer res integra and covered by the exposition of this Court in the case of Nisar@ Nigro Bashir Ahmed Khan V/s Dy. Commissioner of Police & ors reported in 2013(3) Bom.C.R.(Cri.) 566. The paragraph nos. 9 to 11 of the said judgment read as under:-

“9. The point raised by the learned Counsel for the Petitioner that the externment order is excessive, in as much as, the alleged activities against the Petitioner, which are alleged in the show cause notice are confined to the jurisdiction of the Shivaji Nagar Police Station and within the area of Greater Bombay, therefore, externment of the Petitioner from aforesaid other three Districts is excessive, is no more res integra