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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
V. K. Jadhav, Sandipkumar C. More, JJ.
Farukh Khan & Ors. - Appellants
Versus
State Of Maharashtra - Respondent
Criminal Writ Petition No.1448 of 2021
Decided On : 07-04-2022
Externment - Challenge to orders of externment from Nandurbar District - Maharashtra Police act, Section 55 - Summary of Acts and Sections: The court discussed the provisions of Section 55 of the Maharashtra Police act, emphasizing the requirement that criminal cases against a gang or group of persons must be collective in nature and the individuals involved must be members of a gang. The court highlighted the need for specific material showing that the persons are acting as a gang or body of persons. The court also considered various crimes registered against the petitioners and their individualistic nature, concluding that the main requirements of Section 55 were not fulfilled. The court found that the authorities below had considered the individual activities of the petitioners for their externment without proper application of mind. The court also noted that the crimes against the petitioners were of a private nature and not sufficient to disturb public tranquility. The court held that the actions of the authorities were excessive and lacked subjective satisfaction.
Fact of the Case:
The petitioners challenged orders of externment from Nandurbar District based on their alleged involvement in criminal activities. The court found that the crimes considered for externment were more individualistic in nature and did not demonstrate the petitioners' involvement as a gang or body of persons. The court concluded that the authorities had wrongly determined that the individual activities of the petitioners were deterrent to the public at large and that the externment was excessive in nature.
Finding of the Court:
The court found that the crimes registered against the petitioners were of a private nature and did not disturb public tranquility. The court held that the authorities' actions were excessive and lacked subjective satisfaction, leading to the quashing of the impugned orders.
Issues: The issues revolved around the application of Section 55 of the Maharashtra Police act, the collective nature of criminal activities, and the sufficiency of material to demonstrate the petitioners' involvement as a gang or body of persons. The court also addressed the excessive nature of the externment and the lack of subjective satisfaction by the authorities.
Ratio Decidendi: The court's decision was based on the finding that the crimes considered for externment were more individualistic in nature and did not fulfill the main requirements of Section 55 of the act. The court concluded that the authorities had wrongly determined that the individual activities of the petitioners were deterrent to the public at large and that the externment was excessive in nature.
Final Decision: The court allowed the Criminal Writ Petition, quashed the impugned orders, and disposed of the petition accordingly.
JUDGMENT
Sandipkumar C. More, J. - Rule. Rule made returnable forthwith. By consent of the parties, heard fnally at the stage of admission.
2. The petitioners have challenged the order dated 09.09.2021 passed by the Superintendent of Police, Nandurbar whereby the petitioners have been externed from the entire Nandurbar District for the period of two years. Further, the petitioners have also challenged the order dated 06.12.2021 passed by the learned Divisional Commissioner, Nashik Division, Nashik in Externment appeal No. 111/2021, whereby the earlier order dated 09.09.2021 is confrmed.
3. The background facts are as under :
The respondent through Police Inspector, Nandurbar Police Station had sent externment proposal in respect of the petitioners under Section 55 of the Maharashtra Police act (hereinafter referred to as 'the act') since it was found that all the petitioners were involved in serious criminal activities being a gang in the jurisdiction of Nandurbar city police station. Those criminal activities involved formation of unlawful assembly, use of dangerous weapon, commission of rioting, criminal trespass and the offences related to human body. Thereafter the Sub-Divisional Police Offcer, Nandurbar conducted inquiry of the said externment proposal and proposed that the petitioners were required to be externed from entire Nandurbar District for the period of two years. accordingly, the Superintendent of Police, Nandurbar on the basis of the reported submitted by the Sub-Divisional Police Offcer, Nandurbar, issued notice dated 15.07.2021 under Section 59 of the act and asked all the petitioners as to why they should not be externed from Nandurbar District as proposed. all the petitioners submitted their replies by denying all the allegations made against them in the said notice. However, the Superintendent of Police, Nandurbar under the impugned order dated 09.09.2021, externed the petitioners as aforesaid. Being aggrieved with the said order dated 09.09.2021, the petitioners even preferred appeal before the Divisional Commissioner, Nashik bearing Externment appeal No. 111/2021 under Section 60 of the act. However, learned Divisional Commissioner, Nashik was pleased to dismiss the same vide order 06.12.2021 by confrming the earlier impugned order dated 09.09.2021. Hence, this Writ Petition.
4. Learned Counsel for the petitioners submits that both the impugned orders are prima facie erroneous and against the provisions of law. He submits that the externment proposal against the petitioners is allowed by ignoring the settled principle of law and without there being any material to show that the petitioners acted together in the criminal acts being a gang or body of persons. He submits that the criminal activities of the petitioners considered by the authorities below for their externment are individualistic in nature and not in collective form. He further submits that the Chapter cases shown against the petitioners are also fled in their individual capacity and not as a group. Further, the petitioner Nos.1 to 5 are brothers, and therefore, they cannot be termed as gang members or leader of such gang. He further submits that most of the crimes considered for externment of the petitioners are not committed collectively by the petitioners and in some of those crimes, the concerned petitioners are also acquitted. The main crimes which appear to be committed collectively by the petitioners, are the result of family dispute, and therefore, they cannot be said as the crimes against public at large. With these submissions the learned Counsel for the petitioners prayed for quashing of the impugned orders. In addition to the oral submissions, the learned Counsel also relied upon the following judgments :
(i) Rahmat Khan alias Rammu Bismillah vs. Deputy Commissioner of Police, 2021 SCC OnLine SC 641.
(ii) Vijay Lalso Jadhav vs. State of Maharashtra and others 2013 SCC OnLine Bom 1432.
(iii) Praful Bhausaheb Yadav vs. K.K. Pathak and others
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