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SARANG V. KOTWAL
Ajay Ram Thorat – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SARANG V. KOTWAL, J.
1. Rule. Rule is made returnable forthwith by consent of both the parties.
2. Heard Ms. Rashi Sheth, learned counsel for the Petitioner and Shri. Patil, learned APP for the State/Respondent No. 1.
3. The Petitioner has challenged the order dated 17/02/2022 passed by the Deputy Commissioner of Police, Zone-1, Pimpri Chinchwad; thereby externing the Petitioner from the limits of the Pimpri Chinchwad police Commissionerate, Pune City Police Commissionerate and Pune Rural for a period of two years.
4. The Petitioner was served with a notice dated 28/10/2021 U/s.59 of the Maharashtra Police Act asking him to show cause as to why he should not be externed out of the aforesaid area. The show-cause notice mentioned six registered offences from the year 2009 up to 2021 registered at Pimpri Chinchwad police station. C.R.No. 109 of 2015 registered with Ranjangaon police station had resulted in his acquittal. There was a reference to the statements of two witnesses ‘A’ and ‘B’ who were not willing to lodge the F.I.R. against the Petitioner. After this notice, another show-cause notice was served on him. That notice was dated 22/01/2022. The Petitioner was heard by th
The necessity of recording subjective satisfaction for externing a person for a maximum period of two years as per Section 58 of the Maharashtra Police Act.
An externment order under the Maharashtra Police Act must include specific justifications for the duration imposed, ensuring no unreasonable restrictions on fundamental rights occur.
The court established that externment orders under the Maharashtra Police Act can be upheld when there is sufficient evidence of a threat to public safety, and that authorities must demonstrate subje....
The main legal point established in the judgment is the necessity for the authority to demonstrate the satisfaction required for externment under Sec. 56(1)(a)(b) of the Maharashtra Police Act, as hi....
Point of Law : Externment order –Quash of - Right of the Petitioner to reply/make effective representation to answer such notice to the competent authority has been totally hampered and jeopardized.
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.
Consideration of irrelevant material, lack of subjective satisfaction, and justification for maximum period of externment vitiates the externment order.
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 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....
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