Back
VINAY JOSHI
Suraj – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the rival parties.
2. The externment order dtd. 28/12/2021, externing petitioner for a period of two years from the entire Wardha District is subject matter of challenge along with the order of dismissal of appeal by the Divisional Commissioner. The order of externment has been passed in terms of Sec. 56(1)(a)(b) of the Maharashtra Police Act, 1951.
3. The Authority has based the order of externment on total eight offences registered against petitioner during the period from the year 2016 to 2021 along with one prohibitory action. The impugned action has been challenged on the grounds namely :
(a) The petitioner was acquitted in the offence at serial No.2 however, that has been considered.
(b) Offences at serial Nos.1 to 5 are registered during the period from the year 2016 to 2018 however, those stale offences are considered.
(b) The offences at serial Nos.2, 4 and 5 are under the Maharashtra Prohibition Act, 1949, Maharashtra Police Act, 1951 and therefore, they are irrelevant in view of requirements specified under Sec. 56(1) of the Act, and
(c) The Authority has not recor
Consideration of irrelevant material, lack of subjective satisfaction, and justification for maximum period of externment vitiates the externment order.
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 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.
Externment order – Show cause notice - It is necessary to give reasons for such externment from the adjoining Talukas or Districts, where there is no offence registered against the proposed externee.
The main legal point established in the judgment is that externment orders should be based on sufficient material and restricted to the area of illegal activity of the externee.
Externment orders must demonstrate a clear live-link between recent activities and the necessity for such measures.
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
