The court emphasized the need for objective criteria and reasons for externment from a larger area than the one of illegal activities, and the requirement for evidence of the petitioners having formed a gang.

JUDGMENT :

M.G. Sewlikar, J.

1. Rule. Rule made returnable forthwith.

2. By consent, heard both the sides for final disposal at admission stage.

3. Petitioners have preferred this writ petition under Articles 226 and 227 of the Constitution of India whereby the order of externment dated 14.07.2020 passed by the Member Externment Tribunal and Superintendent of Police, Ahmednagar (respondent No. 2) in Sthgusha/Externment-Akole Police Station/55/59/1625 of 2020, confirmed by the Divisional Commissioner (respondent No. 2) vide order dated 26.08.2020 in Externment Appeal No. 58/2020, is challenged.

4. Facts leading to this petition are that police inspector of Akole police station, District Ahmednagar, forwarded a proposal dated 19.03.2019 to the Superintendent of Police, for externment of petitioner Nos. 1 to 3 alleging that petitioner Nos. 2 and 3 are the real brothers and petitioner No. 1 is their cousin and they have formed a gang and it is operating in Akola Taluka. They have created a reign of terror in that locality. They assault people and damage their properties. They use wooden logs, stump and iron pipe for assaulting people. On the basis of this notice, the Sub-Divisional Police Officer - respondent No. 4 was directed to hold inquiry. The Sub-Divisional Police Officer issued show-cause notice on 26.06.2019 alleging therein that the petitioners have formed a gang. Details of the offences alleged to have committed by the petitioners are as follows:-

It is further alleged in the show-cause notice that despite initiating preventive action against the petitioners, they are indulging in the same activities. Because of the criminal activities of the petitioners, atmosphere of terror is created in the locality. People are not ready to come forward to depose against them or to lodge complaint against them. The notice further alleges that in-camera statements of witnesses A and B were recorded and they have stated that the petitioners are jobless and they extort money from them and on releasing on bail again resort to the criminal activities. They have no fear of law and, therefore, it has become necessary to extern the petitioners from Ahmednagar district, Sinnar and Iganpuri Taluka from Nasik district, Shahpur Taluka from Thane district and Junnar Taluka from Pune district. Petitioners were called upon to explain why the action as proposed by police inspector, Akole police station, shall not be initiated against them.

5. Petitioners participated in the proceedings and fled their say stating therein that this action has been initiated against them as there are property disputes between the petitioners and their relatives from B 'havki'. Petitioner No. 2 is a press reporter in Daily Lokvedh published from Shrirampur. Petitioner No. 1 is a labour and earns his livelihood by doing labour work. Petitioner No. 3 is a member of Maharashtra State Electricity Corporation. They have further alleged that the wife of petitioner No. 2 is an Up-Sarpanch of the village, which is difficult for the informants to digest and, therefore, to wreck vengeance, these false proceedings have been initiated. They, therefore, prayed for dropping of the proceedings.

6. Inquiry was conducted by the Sub Divisional Police Officer - respondent No. 4. He submitted report. On consideration of the report and the submissions made by petitioners before the Externment Tribunal, vide order dated 14.07.2020, petitioner Nos. 1 and 2 were directed to be extended from Ahmednagar district for a period of 1 Yi years and petitioner No. 3 was extended for a period of one year.

7. Petitioners challenged this order by preferring Appeal No. 58/2020 before the Divisional Commissioner - respondent No. 2. Respondent No. 2 confirmed the order of Externment Tribunal vide order dated 26.08.2020. Both these orders are challenged by petitioners in this writ petition.

8. Heard Shri Shermale, learned counsel for the petitioners and Shri Salgare, learned APP for the State.

9. Learned counsel Shri She