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G. A. SANAP
Nilesh – Appellant
Versus
Divisional Commissioner, Amravati Division – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith. The petition is heard finally by consent of the learned advocates for the parties.
2. In this criminal writ petition, filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dtd. 13/7/2022 passed by the respondent No.1- Divisional Commissioner, Amravati confirming the order of externment passed by the respondent No.2 and also the order dtd. 9/5/2022 passed by the respondent No.2-Deputy Commissioner of Police, Division-2, Amravati, whereby the petitioner is directed to remove himself outside the limits of Amravati District for a period of two years.
3. The facts leading to the filing of the petition can be summarized as follows: The respondent No.2 by invoking the provisions of Sec. 56 sub-sec. (1), clauses (a) and (b) of the Maharashtra Police Act, 1951 (hereinafter referred to as "the Act of 1951" for short), ordered externment of the petitioner and directed him to remove himself outside the limits of Amravati District for a period of two years. The respondent No.2 to arrive at subjective satisfaction before passing the order, placed reliance on 19 crimes registered against the petitioner
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....
An externment order must be based on objective material, comply with legal requirements, and be justified by extraordinary circumstances. It must also consider the execution and breach of bonds for g....
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....
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 must demonstrate a clear live-link between recent activities and the necessity for such measures.
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