The central legal point established in the judgment is that an externment order under Section 55 of the Maharashtra Police Act requires evidence of a gang or group engaged in continuous criminal activity to cause danger or alarm to the public, and the intention of the legislature is to ensure public peace and order.

JUDGMENT :

Sunil B. Shukre, J.

1. Both these petitions are being heard together and being disposed of together as the challenge made in each of these petitions is common which is the one against the order of externment passed against all these petitioners by respondent - Superintendent of Police, Akola on 12.9.2020 and the order dated 22.10.2020 of the Divisional Commissioner, Amravati Division, Amravati thereby confirming the externment of these petitioners in appeal for a period of two years from the districts of Akola, Amravati, Washim and Yavatmal.

2. Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

3. Petitioners Mohan Damodar Raut and Dhiraj Damodar Raut in Criminal Writ Petition No.612/2020 are the sons of Damodar Kisan Raut, who is a petitioner in Criminal Writ Petition No.627/2020. The father and his two sons have been externed from 4 districts for a period of two years by the impugned orders.

4. It is the contention of respective learned counsel for these petitioners that the impugned orders are arbitrary and excessive. According to them, there was no material available on record which would satisfy the essential requirements of Section 55 of the Maharashtra Police Act and that the material necessary for passing a larger externment order was also absent. They submit that these petitioners never formed any gang or any body of persons engaged in criminal activities, rather these petitioners were members of one and the same family who had at the time of passing of the impugned orders and still have a civil dispute with the family of the complainant in all the crimes registered against these petitioners. They further submit that these material facts though stated in their reply were not considered in any manner by the respondents.

5. Learned A.P.P. for the State, defending the impugned orders submits that these petitioners though belong to the same family, have together engaged themselves in continuous criminal activity and, therefore, it could be said that all of them constituted a group of criminals sufficient to attract the provisions of Section 55 of the Maharashtra Police Act. She submits that if one goes through the criminal history of the petitioners and the manner in which those crimes were committed by the petitioners, one would be convinced that the activities of the petitioners are dangerous and likely to cause alarm to the members of public.

6. Upon consideration of the material available on record, especially the show cause notice, the facts stated in the impugned orders, reply of the respondents and the documents annexed to the reply, we find that this is a case wherein no material whatsoever existed which could be said to be sufficient for answering the criteria of Section 55 of the Maharashtra Police Act.

7. If any preventive action in the nature of externment of a criminal is to be taken by invoking Section 55 of the Maharashtra Police Act, the following conditions must be satisfied:-

(i) There must be a satisfaction regarding existence of a gang or body of persons in the subject area, which is engaged in continuous criminal activity,

(ii) There must be noticed either movement or encampment of such gang or body of criminals in a manner as would cause or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such a gang or body of persons or members of such body.

8. Now, if we go through the impugned orders, we would find that there is no finding recorded therein that these petitioners had formed a gang or group of persons or body of persons engaged in continuous criminal activity so as to cause alarm or danger to the members of public. It is further seen that no material whatsoever has been referred in this regard while passing the impugned orders. It must be noted here that no subjective satisfaction regarding existence of any gang or group of criminals can be recorded unless, there is some material available on record and which when considered