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2022 Supreme(Bom) 1211

S.S.SHINDE, PRAKASH D.NAIK, SARANG V.KOTWAL
Mayur Vasant Sonawane – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Prashant Aher, Advocate, Prashant Gavai, Advocate, G.S.Godbole, Advocate, A.S.Pai, Advocate, K.V.Saste, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized with appropriate references:

  1. The power conferred under Sec. 60 of the Maharashtra Police Act, 1951, is of a quasi-judicial nature, and the orders issued under this section are classified as quasi-judicial orders. (!) (!)

  2. There exists a duty for authorities to provide reasons, at least in brief, while disposing of appeals under Sec. 60 of the Act of 1951. This requirement ensures transparency and accountability in decision-making processes. (!)

  3. The nature of the appellate order under Sec. 60 is distinct from initial externment orders, which are considered administrative and do not require detailed reasons. The appellate authority's role is to objectively assess the material and decide independently, rather than merely confirm or set aside the original order. (!) (!) (!)

  4. The amendments made to Sec. 60 in 1995 introduced the power to remand cases, which underscores the necessity for the appellate authority to provide reasons, at least briefly, to facilitate proper reconsideration. (!) (!)

  5. The requirement to record reasons aligns with broader principles of justice, fairness, transparency, and judicial accountability. Reasons serve to demonstrate that the decision was based on relevant facts and legal considerations, and they support effective judicial review. (!) (!) (!)

  6. The appellate authority must act independently and objectively, considering the material before it without relying solely on subjective satisfaction. The decision-making process involves testing the legality and correctness of the original order based on the material presented. (!) (!)

  7. While confidentiality of material can be maintained, it does not eliminate the obligation to provide reasons. Reasons can be formulated without disclosing sensitive or confidential information, ensuring fairness while respecting privacy concerns. (!) (!)

  8. The principles of giving reasons in quasi-judicial decisions are supported by the broader legal trend emphasizing transparency, fairness, and the rule of law. These principles are essential for maintaining public confidence and ensuring proper judicial oversight. (!) (!)

  9. The overall conclusion is that the power under Sec. 60 is quasi-judicial, and authorities are required to give reasons, at least briefly, in their orders to uphold principles of justice, fairness, and accountability. (!) (!)

Please let me know if you need further elaboration or assistance with specific legal interpretations.


JUDGMENT

1. Pursuant to the reference made by a Division Bench (Coram: Nitin Jamdar and Sarang V. Kotwal, JJ.) vide order dtd. 17/12/2021, we are called upon to decide the following two issues:

    (i) Whether the power under Sec. 60 of the Act of 1951 is quasi judicial in nature; and

      (ii) Whether there is a duty to give reasons while disposing the appeal under Sec. 60 of the Act of 1951.

        The Act referred to in these issues is the 'Maharashtra Police Act, 1951' (hereinafter referred to as 'the Act of 1951').

        2. The Division Bench (Coram: Nitin Jamdar and Sarang V. Kotwal, JJ.) who heard this Writ Petition did not agree with the view of another Division Bench (Coram: R.M. Borde and A.I.S. Cheema, JJ.) expressed in the case of Suraj Balbhim Shelke Vs. State of Maharashtra and others 2016(4) Bom.C.R. (Cri.) 273, and therefore referred these questions to be decided by a Larger Bench.

          Background of Reference :

          3. Necessity to decide these issues arose because, depending on whether the order passed under Sec. 60 of the Act of 1951 is quasi judicial or not; the matters challenging the order passed under Sec. 60 of the Act of 1951 could be decided by a Single Judge or a Division Bench. Chapter

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