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2020 Supreme(Bom) 1314
IN THE HIGH COURT OF BOMBAY AT AURANGABAD
T.V. NALAWADE, M.G. SEWLIKAR, JJ.
Bhagwat Dadasaheb Landge & Another - Petitioner
Versus
The State of Maharashtra, Through Divisional Commissioner Nashik Division, Nashik & Others - Respondent
Criminal Writ Petition No. 921 of 2020
Decided On : 09-09-2020
For the Petitioners:S.S. Chapalgaonkar, Advocate.
For the Respondents: S.J. Salgare, Learned A.P.P.
The main legal point established in the judgment is the requirement for subjective satisfaction by the externing authorities, the consideration of only relevant material, and the need for reasons to be assigned for passing an excessive externment order.
Headnote:
Externment - Challenge to externment order - Maharashtra Police Act - [Section 55, Section 59, Article 226, Article 227] - Crime No. 93/2011, 87/2012, 30/2014, 122/2014, 32/2015, 116/2017, 22/2018, 53/2018 - The court discussed the provisions of Section 55 and Section 59 of the Maharashtra Police Act and emphasized the need for subjective satisfaction by the externing authorities before passing an externment order. The court highlighted the importance of considering only relevant material and the requirement for reasons to be assigned for passing an excessive order. The judgment focused on the arbitrariness in considering extraneous material and selectively initiating externment proceedings, ultimately leading to the order being set aside.
Fact of the Case:
The petitioners, a social worker and a councilor, challenged their externment from District Ahmednagar for a period of two years based on allegations of dangerous and harmful activities to society. The petitioners denied the allegations, claiming political rivalry as the reason for false proceedings.
Finding of the Court:
The court found that the externment order suffered from arbitrariness due to the consideration of extraneous material, selective initiation of proceedings, and lack of reasons for externing the petitioners from an excessive area.
Issues: The issues involved the validity of the externment order under the Maharashtra Police Act, the consideration of extraneous material, and the lack of reasons for externing the petitioners from an expansive area.
Ratio Decidendi: The court emphasized the need for subjective satisfaction by the externing authorities, the consideration of only relevant material, and the requirement for reasons to be assigned for passing an excessive order.
Final Decision: The petition was allowed, and the relief was granted by setting aside the externment order.
JUDGMENT :
M.G. Sewlikar, J.
1. Rule. Rule is made returnable forthwith. With consent of the parties, heard fnally.
2. By this writ petition under Article 226 and 227 of the Constitution of India, the petitioner Nos. 1 & 2 are challenging their externment from District Ahmednagar, for a period of two years by the order of respondent No. 3 dated 27.4.2019 in proceeding bearing No. Local Crime Branch/Externment/1335/2019/Ahmednagar/dated 27.04.2019 and confirmed by respondent No. 1 by his order dated 24.01.2020 in Externment Appeal No. 77 of 2019.
3. Facts giving rise to this petition in brief can be stated as under:
Petitioner No. 1 is social worker and petitioner No. 2 is a Councilor in Rahata Municipal Council and is an active member of Rahata Shivsena Party having its office at Rahata.
4. It is alleged in the petition that on 25.1.2018 a show cause notice was issued by the Special Divisional Police Officer, Shirdi, Tq. Rahata, District Ahmednagar (respondent No. 3 herein) alleging that the activities of petitioner Nos. 1 and 2 have become dangerous and harmful to the society. Both of them have formed a gang and they are the leaders of the gang. Both of them are armed with knives. They have created reign of terror in the vicinity of police station Rahata. They physically assault any one. They harass doctors and government servants. Witnesses are not ready to come forward to give evidence against them. It is further alleged that in all six offences are registered against them relating to human body and property. Their details are as under :
| Sr. No | Police Station | Crime No. - Under Sections | Description | Status |
| (1) | Rahata | 93/2011 - 323, 324, 504 and 506 r/w 34 of IPC RTC No27 of 2012, Released on bail on 3.02.2012 | It is alleged that on 9.11.2011 at 8.00 p.m. that the petitioners assaulted the informant for having friendship with Ashitosh, and beat the informant with kicks and fists blows and punched him. | Acquitted. |
| (2) | Rahata | 87/2012 - 143, 147, 148, 149,341, 323, 504 and 506 of IPC STC No. 3182 of 2012, Released on bail on 27.8.2012) | On the allegations that on 19.7.2012 at 4.00 p.m. near Suma Pimplas, at Dandwate's Show Room, Rahata petitioners by forming unlawful assembly, assaulted the informant and witnesses by intercepting the motorcycle of the informant and beat him with fists and kicks blows with stick. | Pending. |
| (3) | Rahata | 30 of 2014 - 447, 427,506 r/w 34 of IPC and Alleging that petitioners assaulted Doctor Sr. No Police Station Crime No. - Under Sections Description Status Section 3 & 4 of The Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss To Property) Act, 2010. STC No. 1811 of 2014. Released on bail on 30.6.2014 | Pangavane in his hospital on 10.3.2014 at 22.00 hours at Rahata as Doctor had expressed his inability to come to the hospital, due to his ill health. Petitioners abused the informant and witnesses and damaged the car No.MH-17-AE-2554 and broke the glass of the car. | Acquitted |
| (4) | Rahata | 122 of 2014 - 143, 147, 149, 336, 353 of IPC and Section 7 & 3 of the Prevention of Damage to Public Property Act, 1984. RTC No. 103 of 2015, Released on bail on 20.4.2015. | Alleging that on 14.9.2014 at 3.25 p.m. at Manmad Road at Sakuri Shivar Tq. Rahata District Ahmednagar petitioners had formed unlawful assembly and set on fire Truck bearing No. GJ-09- AV-0464 by pouring diesel and obstructed the officers of the Fire Brigade. | Pending. |
| (5) | Rahata | 32 of 2015 - 452, 380,323, 504, 506 and 427 r/w 34 of the IPC. | That on 24.3.2015 at 1.00 p.m. at Sutargalli, Rahata, the petitioners beat the mother of the informant and threatened her to kill as the brother of the informant had hoodwinked to the petitioner's Car | |
