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G. A. SANAP
Harikesh – Appellant
Versus
Deputy Police Commissioner – 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, the petitioner has challenged the order passed by the respondent No.1-Deputy Commissioner of Police, Amravati Zone-1 dtd. 5/4/2022, whereby he was ordered to be externed from the Amravati City as well as Amravati District and also the order dtd. 28/9/2022 passed by the Appellate Authority-Respondent No.3 confirming the order of externment passed by the respondent No.1 dtd. 5/4/2022.
3. The facts leading to the filing of the petition can be summarized as follows: The respondent No.1 initiated proceeding for externment of the petitioner from Amravati District by invoking the provisions of Sec. 56(1)(b) of the Maharashtra Police Act, 1951 (for short "the Act of 1951"). The respondent No.1 to record his subjective satisfaction, relied upon the following crimes. The said crimes are set out hereinbelow in tabulated form:
4. The respondent No.1 conducted necessary inquiry. He issued a notice to the petitioner on 4/3/2022 to show cause as to why he should not be externed from the Amravati District. The respondent No.1, based on
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....
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....
Externment orders must demonstrate a clear live-link between recent activities and the necessity for such measures.
The court established that externment orders require a clear connection to recent criminal activity and strict adherence to procedural safeguards to protect individual liberties.
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