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G. A. SANAP
Ashish, S/o. Samadhan Makeshwar – Appellant
Versus
State of Maharashtra, Through its Secretary, Home Department – 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 05.04.2022 passed by respondent No.3 - Deputy Commissioner of Police, Zone-1, Amravati as well as the order dated 28.09.2022 passed by respondent No.2 – Divisional Commissioner, Amravati, whereby the respondent No.2 confirmed the order of externment in appeal.
4. The respondent No.3, 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.3 relied upon three crimes registered against the petitioner at Gadge Nagar police station, Amravati. The details of the crimes are as under :
| Sr. No. | Poli | ||||
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.
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