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 objective criteria to the authority for reaching a subjective satisfaction.

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 Ahmednagar district, for the period of 15 months.

3. Though the numbers of Externment Appeals fled by these petitioners before Respondent No. 4 – Divisional Commissioner, Nasik Division, Nasik, are different, but those appeals are arising out of the impugned orders dated 14.07.2021 and 23.08.2021, respectively, passed by Respondent No.2 – Superintendent of Police, Ahmednagar. Vide order dated 14.07.2021, Respondent No.2 has externed three petitioners in Criminal Writ Petitions No. 1409/2021, 1411/2021 and 1412/2021, from the area of entire Ahmednagar district for the period of 15 months, whereas, the same authority has also externed petitioner – Vishal Shaharam Warule, (petitioner in Criminal Writ Petition No. 1410/2021) vide separate order dated 23.08.2021, from the area of entire Ahmednagar district for the period of 15 months.

4. On perusal of all these petitions along with its annexures, it appears that both the authorities have jointly considered the allegations against all these petitioners, being members of a gang and they have been externed under the provisions of Section 55 of the Maharashtra Police Act, 1951 (herein after referred to as “the said Act”). We, therefore, find it proper to dispose of all these four petitions by a common judgment.

5. The background facts of this case are as under:

On 15.05.2021, Respondent No. 2 – Superintendent of Police, Ahmednagar, had issued a notice under Section 59 of the said Act to the petitioners mentioning therein that they are members of the gang and involved in serious offences mentioned herein below:

(1) Petitioner: Sachin @ Lakhan Manjabapu Warule (Cr.W.P.No.1409/21)

(2) Petitioner: Vishal Shaharam Warule (Cr.W.P.No.1410/21)