Back
G. A. SANAP
Sheikh Munnu Sheikh Salim – Appellant
Versus
Divisional Commissioner, Amravati Division, Amravati – Respondent
JUDGMENT :
1. Heard.
2. RULE. Rule made returnable forthwith. Heard finally with the consent of the learned Advocates for the parties.
3. In this writ petition, the petitioner has challenged the order of his externment dated 12.07.2021 passed by respondent no.2 - Dy. Commissioner of Police, Zone-I, Amravati City, Amravati as well as the order dated 08.03.2022 passed by respondent no.1 – Divisional Commissioner, Amravati Division, Amravati, whereby the respondent no.1 confirmed the order of externment in appeal.
4. The respondent no.2, by invoking the provisions of Section 56 Sub-section (1), clauses (a)&(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 District for a period of two years. In order to arrive at subjective satisfaction to warrant the order of externment against the petitioner, the respondent no.2 relied upon five crimes registered against the petitioner at Nagpuri Gate and Badnera police station, Amravati. The details of
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....
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....
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 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....
Externment orders under the Maharashtra Police Act must be supported by objective evidence and cannot infringe upon the fundamental right to free movement without justifiable grounds.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
