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V. K. JADHAV, SANDIPKUMAR C. MORE
Sachin @ Lakhan s/o Manjabapu Warule – Appellant
Versus
State of Maharashtra, through its Principal Secretary, Home Department – Respondent
JUDGMENT :
Sandipkumar C. More, JJ.
1. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.
2. The petitioners in Criminal Writ Petitions No. 1409/2021, 1411/2021 and 1412/2021, have prayed for quashing and setting aside order dated 26.10.2021, passed by Respondent No.4 i.e. Divisional Commissioner, Nasik Division, Nasik, in their respective Externment Appeals No.78/2021, 80/2021 and 79/2021, confirming the common order dated 14.07.2021, passed by Respondent No.2 i. e. Superintendent of Police, Ahmednagar, in respect of all these three petitioners, whereby said petitioners are externed from the entire area of Ahmednagar district for the period of 15 months.
The petitioner in Criminal Writ Petition No. 1410/2021 has also challenged the order dated 26.10.2021, passed by Respondent No. 4 – Divisional Commissioner, Nasik Division, Nasik in Externment Appeal No. 103/2021, confirming the order dated 23.08.2021, passed by Respondent No. 2 – Superintendent of Police, Ahmednagar, whereby he is externed from the entire area of Ahmedna
Point of Law : Externment order directing externment of a person from much larger area than the one of his illegal activities, can be made, but it should be based upon some material which provides an....
The main legal point established in the judgment is that the application of Section 55 of the Maharashtra Police act requires collective criminal activities of a gang or body of persons, and the acti....
The court upheld the externment orders based on the petitioner's involvement in serious criminal activities as a gang leader and the authorities' proper appreciation of the evidence on record.
Externment orders must be supported by sufficient evidence and cannot infringe on individual liberty without just cause.
The main legal point established in the judgment is the need for careful application of the provisions of the Maharashtra Police act, 1951, and the importance of subjective satisfaction in externment....
The main legal point established in the judgment is the requirement for relevant material and reasonableness in passing an externment order under section 55 of the Maharashtra Police act, 1951, and t....
Externment orders must demonstrate a clear live-link between recent activities and the necessity for such measures.
Externment orders require sufficient evidence and objective material to justify action under the Maharashtra Police Act; lack of such evidence renders the orders illegal.
Externment orders under the Maharashtra Police Act must be supported by objective evidence and cannot infringe upon the fundamental right to free movement without justifiable grounds.
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