SUNIL B. SHUKRE, J.

1. Heard Shri R. R. Vyas, Shri J. B. Kasat and Shri Laique Hussain, learned counsel for the petitioners and Shri M. K. Pathan, learned Additional Public Prosecutor for respondents.

2. These matters have been placed before us upon a reference made by the learned brother Judges for answering two questions formulated in the referral order dated 5th February, 2018.

3. Facts, at their bare minimum, are as under :-

[A] The petitioners have been externed by respondent No.1, Deputy Commissioner of Police, Zone-1, Nagpur City, Nagpur, from the area of Nagpur city for different periods subject to maximum of two years. The power invoked by respondent No.1 is under Section 56(1)(a)and(b) of the Maharashtra Police Act (in short, "Act 1951"). Clause (a) of Section 56(1) requires that the movements or activities of a person are causing alarm, danger or harm to the person and property. Clause (b) of the Section comes into play if the authority empowered under the Act 1951 acting reasonably believes that such person is engaged or is about to be engaged in the commission of offences enumerated in this clause and is also of the opinion that the witnesses for fear of reprisal