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VINAY JOSHI, VALMIKI SA MENEZES
Naushad Ali – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
VALMIKI SA MENEZES, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel appearing for the parties.
2. By this writ petition, the petitioners seek to challenge the order of externment dtd. 31/10/2022 passed by the Superintendent of Police, Amravati Rural, Amravati in terms of the provisions of Sec. 55 of the Maharashtra Police Act, 1951 (For short, 'the Act'). The order of externment has been imposed on the petitioners for a period of one year from the date of passing of impugned order.
3. The main grounds on the basis of which the order of externment has been challenged are as under:
b] That the essential jurisdictional facts required for exercising jurisdiction under Sec. 55 of the Act did
The main legal point established in the judgment is the requirement of a live link between the alleged offences and the necessity to pass orders for externment, as well as the restriction on the auth....
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.
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.
Section 54 deals with dispersal of gangs and bodies of persons which is applicable to case at hand.
Externment orders must be supported by objective evidence and must not violate the fundamental right to free movement; failure to comply with these requirements renders such orders invalid.
The order of externment must stand the test of reasonableness and should be based on objective material, and the court can interfere when there is no material or the relevant material has not been co....
An order of externment must be based on subjective satisfaction supported by objective material and must meet the test of reasonableness as per Article 19(1)(d) of the Constitution of India.
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