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PRAKASH D. NAIK
Vijay Dhanjai Pawar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. The Petitioner has challenged the order of externment dtd. 10/7/2021 issued by Deputy Commissioner of Police, Zone-1, Pune under Sec. 56(1)(a)(b) of the Maharashtra Police Act, and order dtd. 18/2/2022 passed by the Divisional Commissioner, Pune (appellate authority) to the extent of confirming externment from Pimpri Chinchwad Police commissionerate area, Pune city commssionerate Haveli Maval, Mulshi Bhor, Shirur and Khed.
2. Show cause notice dtd. 3/5/2021 was issued against the Petitioner by Assistant Commissioner Pune, Pimpri Division, Pimpri Chinchwad. Thereafter, another notice dtd. 11/6/2021 was issued by the Deputy Commissioner of Police, Zone-1. The externment order dtd. 10/7/2021 was issued by Deputy Commissioner of Police Zone-1 and Pimpari Chinchwad Police Commissionerate and Pune Rural area for a period of twenty four months.
3. The Petitioner preferred appeal before Divisional Commissioner Pune, challenging externment order. The Appellate authority modified the order of externment by directing that, petitioner is externed for two years from Pimpri Chinchwad Police Commssionerate, Pune City commissionrate and adjoining areas Haveli, Maval Malshi Bhor, Shirur
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....
The court established that externment orders require a clear connection to recent criminal activity and strict adherence to procedural safeguards to protect individual liberties.
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....
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.
If old offences are pending against the petitioner and in case, the live link is not established between the initiation of externment proceedings and said pending old offences, in that case, the orde....
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....
Externment orders must be based on objective material and specific reasons; failure to consider bail status and due process renders such orders invalid.
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