Point of Law: If old offences are pending against the petitioner and in case, the live link is not established between the initiation of externment proceedings and said pending old offences, in that case, the order of externment is liable to be interfered with.

JUDGMENT :

S.S. SHINDE, J.

1. Rule. Rule made returnable forthwith with the consent of the learned Counsel appearing for the parties and heard finally.

2. This Writ Petition is filed seeking directions with the following substantive prayer:

“(b) That this Hon’ble Authority be pleased to call for the records and proceedings of Externment Appeal No. 22 of 2021 from the file of the learned Divisional Commissioner, Konkan Division, Mumbai as well as Externment Proceedings No. 3 of 2019 from the file of the Respondent No. 2 Sub-Divisional Police Officer, Shrivardhan Division, Shrivardhan, District Raigad and after examining the legality, validity and propriety thereof, the Order dated 23rd March 2021 passed by the learned Appellate Authority i.e. the learned Divisional Commissioner, Konkan Division, Mumbai in Externment Appeal No. 22 of 2021 as well as the impugned Order of externment dated 28th January 2021 (Exhibit “D” hereto) passed in Externment Proceedings No. 3 of 2019 by the Respondent Sub-Divisional Police Officer, Shrivardhan Division, Shrivardhan against the Appellant, be quashed and set aside.”

3. The brief facts leading to the filing of this petition are as under:

It is the case of the petitioner that he was served with a notice dated 9th December, 2019 under section 59 of the Maharashtra Police Act, 1951 by Respondent No. 2 i.e. Sub-Divisional Police Officer, Shrivardhan Division, Raigad, whereby the petitioner was called upon to show cause as to why action under Section 56(a)(b) of the Maharashtra Police Act (for short ‘the Act’) be not initiated to extern the petitioner from the Districts of Raigad, Mumbai, Palghar, Thane, Ratnagiri, Sindhudurg and Pune under section 57(1)(a) of the Act. The allegations against the petitioner contained in the notice were that the petitioner had endangered the lives of persons living within the jurisdiction of Shrivardhan Police Station, District Raigad and nearby vicinity as also their properties. The petitioner had replied to the said notice by filing his reply on various grounds. However, on 28th January, 2021, Respondent No. 2 issued the externment order under section 57(1)(a) of the Act externing the petitioner from the limits of Shrivardhan, Mhasala, Tala, Mahad, Poladpur and Murud Talukas in District Raigad for a period of one year. The petitioner filed an Appeal before the Divisional Commissioner, Konkan Division, Mumbai under section 60 of the Act being Externment Appeal No. 22 of 2021. The said Appeal was rejected by the Appellate Authority vide its order dated 23rd March, 2021. Being aggrieved with the said order, the petitioner has filed the present petition praying for the aforesaid substantive relief.

4. Mr. Sejpal, learned Counsel appearing for the petitioner, submitted that the impugned orders are based on matters extraneous to the show-cause notice and is, therefore, liable to be set aside. He submitted that the show-cause notice falls short of reasonable grounds to extern the petitioner. He submitted that the said show-cause notice does not satisfy the requirements of section 56 of the Act and it does not set out the material allegations against the petitioner. He submitted that it is the requirement of law that the proposed externee should be given a reasonable opportunity of tendering explanation regarding the material allegations against him. He submitted that in the said show-cause notice issued to the petitioner, the activities mentioned are general in nature and they are not sufficiently clear or precise so as to enable the petitioner to explain them in detail.

The learned Counsel has also submitted that the externing authority after issuing notice on 19th December, 2019, passed the externment order on 28th January, 2021, without giving an opportunity of being heard to the petitioner in respect of the offences relied upon by the externing authority, which has cause