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2022 Supreme(Bom) 1309
IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
V. K. Jadhav, Sandipkumar C. More, JJ.
Shaikh Abdul Rasheed Abdul Razaque Kasai & Ors. - Appellants
Versus
State Of Maharashtra & Ors. - Respondents
Criminal Writ Petition No.268, 269, 369 of 2022, Criminal Application No. 839, 840 of 2022
Decided On : 26-04-2022
G. R. Syed, Advocate, M. M. Nerlikar, Advocate, Satej S. Jadhav, Advocate, M. M. Nerlikar, Advocate
The judgment establishes that for externment under Section 55 of the Maharashtra Police act, 1951, there must be evidence of collective criminal activities by a gang or body of persons, and the orders must demonstrate the involvement of the individuals as members of such a group for serious criminal activities.
Headnote:
Externment - Criminal Writ Petitions - Maharashtra Police act, 1951, Section 55
Fact of the Case:
The petitioners challenged the externment orders passed against them under Section 55 of the Maharashtra Police act, 1951. They argued that the orders were cryptic, vague, and based on individualistic criminal activities, not posing a threat to public safety.
Finding of the Court:
The court found that the criminal activities did not demonstrate collective nature or involvement as a gang, as required by Section 55 of the act. The court also noted the excessive nature of the orders and lack of subjective satisfaction by the authorities.
Issues: Validity of externment orders under Section 55 of the Maharashtra Police act, 1951
Ratio Decidendi: Section 55 of the act can be invoked only if there are collective criminal activities of the body of persons or gang. The orders must demonstrate the involvement of the individuals as members of a gang or body of persons for serious criminal activities.
Final Decision: The court allowed the criminal writ petitions, quashed the externment orders, and disposed of the petitions accordingly.
JUDGMENT
Sandipkumar C. More, J. - Rule. Rule made returnable forthwith. By consent, heard finally at admission stage.
2. all these criminal writ petitions are filed by respective petitioners for challenging the common judgment and order of their externment passed on 09/09/2021 by the Superintendent of Police Nandurbar, District Nandurbar in Case No. 290/LCB/Externment Order/4151, under Section 55 of the Maharashtra Police act, 1951 (hereinafter referred to as 'the act'). The petitioners have also challenged the order of the learned additional Divisional Commissioner, Nashik, Division Nashik in their respective appeals filed under Section 60 of the act, whereby the earlier order of externment dated 09/09/2021 has been confirmed. Since the externment order dated 09/09/2021 as mentioned above is common for all these petitioners, we find it proper to decide all these petitions by common judgment.
3. In Criminal Writ Petition No. 268 of 2022 the petitioner Shaikh abdul Rasheed abdul Razaque Kasai has challenged the order dated 04/02/2022 passed by the learned additional Divisional Commissioner in his Externment appeal No. 136 of 2021, whereas in Criminal Writ Petition No. 269 of 2021 the petitioner Shaikh Ishtiyaque ahmed s/o abdul Razzaq Qureshi has challenged the order dated 04/02/2022 passed by the additional Commissioner, Nashik Division in his Externment appeal No. 120 of 2021. Further the petitioners in Criminal Writ Petition No.369 of 2022 have challenged the order dated 04/02/2022 passed by the Divisional Commissioner Nashik Division in their respective Externment appeal No. 122 of 2021, Externment appeal No. 121 of 2021 and Externment appeal No. 123 of 2021.
4. Background facts are as follows :
all the petitioners have claimed that they are peace loving and law abiding citizens of India and earning their livelihood by doing labour jobs. However, the Police Inspector of Nandurbar (City) Police Station forwarded a proposal to the Superintendent of Police, Nandurbar under Section 55 of the act on 27/02/2021 and thereby proposed externment of the petitioners. after receipt of the said proposal, the Superintendent of Police, Nandurbar sent the proposal to Sub-Divisional Police Officer, Nandurbar for enquiry under Section 59 of the act on 11.03.2021. Thereafter, said Sub-Divisional Officer issued notice to all the petitioners on 23/03/2021 calling upon their explanations. The petitioners replied the said notice on 08/04/2021. However, Sub-Divisional Police Officer, Nandurbar after going through the explanations of the petitioners, recommended their externment along with other members of gang from Nandurbar district for a period of two years. The Superintendent of Police, Nandurbar thereafter issued notice dated 16/07/2021 to the present petitioners along with other members of gang mentioning that why they should not be externed as proposed. The petitioners again filed their reply to the said notice on 27/07/2021, however, the Superintendent of Police i.e. present respondent no.2 after hearing the petitioners, passed order of externment against the petitioners and other gang members on 09/09/2021 and thereby externed them from entire Nandurbar district for a period of two years. Though the petitioners in their respective appeals as mentioned above, challenged the said order dated 09/09/2021 before the Divisional Commissioner, Nashik, but those appeals were rejected. Hence, these petitions.
5. The learned counsel for the petitioners submit that order dated 09/09/2021 passed by respondent no.2 and the consequential orders passed in respect of the appeals by the concerned authorities, are cryptic and without assigning proper reasoning. Moreover, those orders are vague in nature and passed on the basis of enquiry report which was never supplied to the petitioners. They further submit that the material or the criminal activities which are considered for passing the order of externment against the petitioners, are not against the public at
