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V. K. JADHAV, SANDIPKUMAR C. MORE
Dagdu Rambhau Aamle – 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 writ petition for quashing the order passed by the learned Sub-Divisional Magistrate, Pathri, Districit Parbhani i.e. respondent no.2 in the matter of 2021/MAG/Externment/Kavi, dtd. 17/09/2021 as well as the judgment and order passed by the learned Divisional Commissioner Aurangabad Division, Aurangabad i.e. respondent no.1 bearing Outward No.2021/GAD/Desk-1/Pol-1/Externment/CR-62, dtd. 07/12/2021.
3. Background facts are as under :
The petitioner is resident of village Kherda, Tq. Pathri, District Parbhani and enshrined with the rights and privileges under the Constitution of India, 1950. Respondent no.3 had issued show cause notice dtd. 17/06/2021 to the petitioner mentioning that on the basis of three crimes for the offences under Chapter XVI of IPC and under the provisions of Atrocities Act, calling upon the petitioner as to why he should not be externed for a period of two years under Sec. 56(1)(a)(b) of the Maharashtra Police Act (in short 'the Act') from Parbhani District. The petitioner submitted reply dtd. 06/07/2021 to the sai
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 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 sufficient material and subjective satisfaction in making externment orders under Sec. 56(1)(a)(b) of the Maharashtra Police Ac....
Externment orders must demonstrate a clear live-link between recent activities and the necessity for such measures.
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 main legal point established in the judgment is that an externment order must be based on subjective satisfaction arrived at on the basis of objective material, and strict compliance with the leg....
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 court established that externment orders require a clear connection to recent criminal activity and strict adherence to procedural safeguards to protect individual liberties.
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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