V. K. JADHAV, SANDIPKUMAR C. MORE
Mohamad Malik Abdul Sabbir Chavan – Appellant
Versus
Divisional Commissioner – Respondent
JUDGMENT
SANDIPKUMAR C.MORE, J. - Rule. Rule made returnable forthwith. By consent, heard fnally at admission stage.
2. The petitioner has fled this criminal writ petition challenging the order dtd. 08/10/2021 passed by respondent No.3 SubDivisional Magistrate, Kinvat, District Nanded in Proceeding No.2021/Externment Order/Kinvat/Proceeding No.04, whereby the petitioner has been externed from entire Nanded District for a period of six months. The petitioner has also challenged the order dtd. 12/01/2022 passed by respondent No.1 i.e. the Divisional Commissioner, Aurangabad, Division Aurangabad in proceeding No.2021/GA/Room-1/Pol-1/Externment/CR-71, whereby appeal under Sec. 60 of the Maharashtra Police Act, 1951 (hereinafter referred to as "the Act"), has been rejected and the earlier impugned order dtd. 08/10/2021 is confrmed.
3. Background facts are as under :
The petitioner claims that he is a respectable, well educated and law abiding person having roots in the society. He is also a journalist by profession. However, without there being any cause of action or sustainable ground, a proposal dtd. 30/06/2021 for his externment under the provisions of Sec. 56 (1)(b) of the Act was mo
The main legal point established in the judgment is the requirement for sufficient material and subjective satisfaction in making externment orders under Sec. 56(1)(a)(b) of the Maharashtra Police Ac....
The main legal point established in the judgment is the need for careful application of the provisions of the Maharashtra Police act, 1951, and the importance of subjective satisfaction in externment....
The main legal point established in the judgment is the requirement for subjective satisfaction and reasonableness in passing externment orders, emphasizing the need for application of mind and the n....
The central legal point established in the judgment is the proper application of the provisions under Section 59 and Section 60 of the Maharashtra Police Act, 1951, in evaluating the danger posed by ....
Externment orders must be based on objective material and specific reasons; failure to consider bail status and due process renders such orders invalid.
The court established that externment orders require a clear connection to recent criminal activity and strict adherence to procedural safeguards to protect individual liberties.
The court upheld the externment under the Maharashtra Police Act but limited its scope to specific talukas, balancing public safety with individual rights.
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 court upheld the externment orders based on the petitioner's involvement in serious criminal activities as a gang leader and the authorities' proper appreciation of the evidence on record.
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....
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