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G. A. SANAP
Paramjitsingh @ Jentil Sardar, S/o. Gurucharansingh Lohiya – Appellant
Versus
State of Maharashtra, Through Divisional Commissioner, Nagpur – Respondent
Key Points: - The externment order must be based on objective material recording subjective satisfaction under Section 56(1) of the Maharashtra Police Act, 1951. (!) - Five of the seven relied crimes (Nos. 4–7 under Prohibition Act) could not be considered to justify externment; the court excludes those when forming subjective satisfaction. [4000695080012] - The two IPC crimes (Nos. 2 and 3) must have a live link to the externment proceeding; stale crimes or lack of live link can render the order invalid. [4000695080013] - The notice dated 08.01.2022 was found vague/cryptic and failed to provide particulars, undermining due process; proper show-cause and material disclosure are required. [4000695080014] - The statements of confidential witnesses must be reproduced and verified properly; failure to do so undermines the externment order. [4000695080015] - The bond under Cr.P.C. Section 110 of 2020 and lack of consideration of post-bond conduct undermined the subjective satisfaction; non-consideration dented the order. [4000695080016] - The appellate authority correctly found that the subjective satisfaction was based on objective material, but the tribunal still set aside due to overall defects; externment order and confirmation set aside. [4000695080011][4000695080019] - The maximum externment period is two years; the court noted excessiveness if not justified with objective material and proper scope. [4000695080010][4000695080018] - The court referenced Deepak Laxman Dongre and Pandharinath Rangnekar precedents regarding standards for externment and live link. [4000695080011] - The writ petition is allowed; externment orders quashed and set aside. [4000695080019]
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 11.04.2022 passed by respondent No.2 - Dy. Commissioner of Police, Zone-3, Nagpur City, Nagpur as well as the order dated 13.10.2022 passed by respondent No.1 – Divisional Commissioner, Nagpur Division, Nagpur, 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 Nagpur 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 seven crimes registered against the petitioner at Panchpaoli police station, Nagpur. The details of the crimes are as under
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....
The court established that externment orders require a clear connection to recent criminal activity and strict adherence to procedural safeguards to protect individual liberties.
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.
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