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VINAY JOSHI, VALMIKI SA MENEZES
Narayan Sitaram Pawar – Appellant
Versus
Superintendent of Police, Buldhana – Respondent
JUDGMENT :
Valmiki Sa Menezes, J.
Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel appearing for the parties.
2. By this writ petition, the petitioners seek to challenge the order of externment dated 15.12.2022 passed by the Superintendent of Police, Buldhana in terms of the provisions of Section 55(1) of the Maharashtra Police Act, 1951 (for short, 'the Act'). The order of externment has been imposed on the petitioners for a period of one year from the date of passing of impugned order.
3. The main grounds on the basis of which the order of externment has been challenged are as under :
(b) That the essential jurisdictional facts required for exercising jurisdiction under Section 55 of the Act did not e
The main legal point established in the judgment is the requirement of a live link between the alleged offences and the necessity to pass orders for externment, as well as the restriction on the auth....
An externment order under Sec. 55 of the Maharashtra Police Act requires a live link between recent criminal activity and the necessity for externment; significant delays in action can render such or....
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.
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.
Externment orders must be supported by objective evidence and must not violate the fundamental right to free movement; failure to comply with these requirements renders such orders invalid.
Section 54 deals with dispersal of gangs and bodies of persons which is applicable to case at hand.
The order of externment must stand the test of reasonableness and should be based on objective material, and the court can interfere when there is no material or the relevant material has not been co....
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