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G. A. SANAP
Sachin – Appellant
Versus
Divisional Commissioner – Respondent
JUDGMENT/ORDER
1. Rule. Rule made returnable forthwith. Heard finally with the consent of learned Advocates for the parties.
2. 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. 3/3/2022 and the order in appeal dtd. 17/2/2023 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:
3. Besides above crimes, the respondent No.2 placed heavy reliance upon the confidential in-camera statements of two witnesses. On the basis of the crimes and the confidential in-camera statements of the witnesses, the respondent No.2 recorded a satisfaction that the activities of the petitioner are fully covered under the provisions of Sec. 56(1)(a) & (b) of the Act of 1951 and as
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 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....
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....
Externment orders must demonstrate a clear live-link between recent activities and the necessity for such measures.
Order of externment is an extraordinary measure – As in case of any other administrative order, judicial review is permissible on the grounds of mala fide, unreasonableness or arbitrariness.
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