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G. A. SANAP
Nitin – Appellant
Versus
Divisional Commissioner, Amravati – Respondent
JUDGMENT
1. Heard.
2. Rule. Rule made returnable forthwith. Heard finally with the consent of learned Advocates for the parties.
3. In this writ petition, the petitioner has prayed for quashing the order of externment passed by the respondent No.2- Deputy Commissioner of Police, Zone-1, Amravati dtd. 5/4/2022 and the order in appeal dtd. 29/9/2022 passed by the respondent No.1-Divisional Commissioner, Amravati District Amravati. The respondent No.2 initiated the proceedings for externment of the petitioner from Amravati District by invoking the provisions of Sec. 56(1)(a) & (b) of the Maharashtra Police Act, 1951 (hereinafter referred to as "the Act of 1951"). The respondent No.2 to record his subjective satisfaction, relied upon the following crimes. The said crimes are set out hereinbelow in tabulated form:
4. The respondent No.2 conducted necessary inquiry. He issued a notice to the petitioner on 24/3/2022 to show cause as to why he should not be externed from the Amravati District. The respondent No.2, based on the material collected, passed the order of externment on 5/4/2022. The petitioner challenged the said order by filing an appeal before the respondent No.1. The respondent
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 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....
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 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....
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....
Externment orders must demonstrate a clear live-link between recent activities and the necessity for such measures.
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