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G. A. SANAP
Pratik S/o Prakashrao Kamble – Appellant
Versus
Divisional Commissioner, Amravati – Respondent
JUDGMENT :
G.A. SANAP, J.
1. Rule. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties.
2. The petitioner in this petition has challenged the order of his externment dated 16.03.2022 passed by the respondent No. 2-Deputy Commissioner of Police Zone-2 Amaravati (City) as well as the order passed by the respondent No. 1-Divisional Commissioner, Amravati, dated 25.08.2022, confirming the order of the externment in appeal.
3. The respondent No. 2, by invoking the provisions of Section 56 Sub-Section (1), clauses (a) and (b) of the Maharashtra Police Act, 1951 (hereinafter referred to as “the Act of 1951” for short), ordered externment of the petitioner and directed him to remove himself outside the limits of Amravati City and Amravati District for a period of two years. In the inquiry conducted before passing the order of externment, the respondent No. 2 relied upon four crimes and one chapter proceeding initiated under Section 110 (e) (g) of the Code of Criminal Procedure by Rajapeth Police Station, Amravati. Out of four crimes, 2 registered a
An externment order under the Maharashtra Police Act must be based on objective material demonstrating a live link between past actions and current threats, with proper verification of witness statem....
An externment order must be based on objective material, comply with legal requirements, and be justified by extraordinary circumstances. It must also consider the execution and breach of bonds for g....
The main legal point established in the judgment is that an externment order must be based on subjective satisfaction arrived at on the basis of objective material, and strict compliance with the leg....
The subjective satisfaction for externment must be based on objective material, and the order must pass all legal tests, including strict compliance with the relevant act and consideration of extraor....
The subjective satisfaction for passing an externment order must be based on objective material, and crimes under the Prohibition Act should not be considered. The order must pass all legal tests and....
Order of externment is an extraordinary measure – As in case of any other administrative order, judicial review is permissible on the grounds of mala fide, unreasonableness or arbitrariness.
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