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SARANG V. KOTWAL
Adnan Mehboob Ali Sayyed – Appellant
Versus
Dy. Commissioner of Police – Respondent
JUDGMENT/ORDER
1. Heard Mr. Mahesh Vadlakonda, learned counsel for the Petitioner and Mr. Arfan Sait, learned APP for the Respondent-State.
2. Rule. Rule made returnable forthwith with consent of the parties.
3. The Petitioner has challenged the order dtd. 16/2/2023 passed by the Deputy Commissioner of Police, Zone-2, Bhiwandi. By the impugned externment order, the Petitioner was externed from the Districts of Thane, Palghar, Mumbai City, Mumbai Suburban, Navi Mumbai and Raigad for a period of one year. That order was challenged before the Appellate Authority. The Divisional Commissioner, Konkan Division, Mumbai vide his order dtd. 26/6/2023 modified the externment order and the area of externment was restricted only to Thane District. The Petitioner has challenged these orders.
4. Before passing the externment order, the Petitioner was served with a show-cause notice dtd. 25/7/2022 under Sec. 59 of the Maharashtra Police Act (for short, 'said Act') setting-forth the allegations against him. The Petitioner appeared before the inquiry officer on 3/8/2022 and submitted his reply. After considering his reply and the material against him, the impugned order was passed.
5. Learned counsel fo
The court established that externment orders under the Maharashtra Police Act can be upheld when there is sufficient evidence of a threat to public safety, and that authorities must demonstrate subje....
The main legal point established in the judgment is the necessity for the authority to demonstrate the satisfaction required for externment under Sec. 56(1)(a)(b) of the Maharashtra Police Act, as hi....
The necessity of recording subjective satisfaction for externing a person for a maximum period of two years as per Section 58 of the Maharashtra Police Act.
Point of Law : Externment order –Quash of - Right of the Petitioner to reply/make effective representation to answer such notice to the competent authority has been totally hampered and jeopardized.
Consideration of irrelevant material, lack of subjective satisfaction, and justification for maximum period of externment vitiates the externment order.
The court established that externment orders require a clear connection to recent criminal activity and strict adherence to procedural safeguards to protect individual liberties.
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....
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....
Externment orders under the Maharashtra Police Act must be supported by objective evidence and cannot infringe upon the fundamental right to free movement without justifiable grounds.
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