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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.G. MEHARE, J.
Deepak S/o Kailas Aglave - Appellant
Versus
The State Of Maharashtra - Respondent
Criminal Writ Petition No. 1190 of 2024
Decided on : 02-09-2024
Externment - Externment Order - Maharashtra Police Act - Sections 56, 59 - The court emphasized the necessity of a live link between the alleged crimes and the externment order, highlighting the importance of subjective satisfaction based on objective material, and the need for compliance with procedural safeguards.
Fact of the Case:
The petitioner challenged an externment order based on multiple pending criminal cases, arguing that the order was excessive and lacked sufficient evidence to justify the curtailment of his liberty.
Finding of the Court:
The court found that the externment orders were arbitrary due to a lack of a live link between the last registered crime and the externment action, as well as procedural deficiencies in the issuance of the show cause notice.
Issues: Whether the externment order was justified based on the evidence presented and whether the authorities complied with the procedural requirements of the Maharashtra Police Act.
Ratio Decidendi: The court held that the externment order must be based on a clear connection between the alleged crimes and the decision to extern, with proper adherence to the procedural safeguards outlined in the Maharashtra Police Act.
Result: The writ petition is allowed, and the externment orders are quashed and set aside.
JUDGMENT :
1. Rule. Rule is made returnable forthwith and the petition was heard finally with the consent of respective counsels.
2. The petitioner has impugned the externment order of Sub Divisional Magistrate Parbhani, dated 19.03.2024 passed in Case No.2024/BPA/XTN/CR-286 and the order of the Divisional Commissioner Aurangabad, Chhatrapati Sambhajinagar passed in Appeal No.2024/GA/D-1/POI-1/Externment/CR-48 dated 28.05.2024.
3. As per the prosecution, the first crime against the applicant for the offences punishable under Sections 323, 324, 504, r/w 34 of the Indian Penal Code was registered on 30.1.2016. The second was registered on 25.09.2020 for the offences punishable under Sections 452, 504 and 506 of the Indian Penal Code. Third was registered on 03.01.2021 for the offences punishable under Sections 336, 337, 427, 504, 506, r/w 34 of the Indian Penal Code. The fourth crime was registered on 04.01.2021 for the offences punishable under Sections 452, 427, 504, 506, 143, 144, 147, 148, 149 of the Indian Penal Code r/w 4/25 of the Arms Act, and the fifth was registered on 22.01.2022 for the offences punishable under Sections 354, 354-D, 504 and 506 of the Indian Penal Code. The chapter case was registered arising out of the fourth crime in which has been acquitted on 23.08.2023.
4. The Police Station Officer, Navamondha, Prabhani submitted an externment proposal to the Sub Divisional Magistrate, (S.D. M. for short) Prabhani, through the Superintendent of Police. The S.D.M. authorized and directed the Sub Divisional Police Officer, Parbhani to hold the inquiry. He issued a show cause notice to the petitioner on 06.06.2023, giving details of the above crimes, and the contents of the camera statements of two witnesses.
5. The petitioner explained that all the cases registered against him are pending. He has not been convicted of any crime. He had not created terror in the vicinity. He cannot be externed from the entire District because the crimes are registered in Navamondha Police Station only. He is a social worker and educating. The cases registered against him were politically motivated. He is the breadwinner of his family. He is peace loving person. Due to his act there was no apprehension to the witnesses to the property of the persons. The order externing him from the entire district is excessive and harmful to him.
6. The learned counsel for the petitioner has argued that there was no sufficient material before the Authority to curtail his liberty enshrined in Article 19 of the Constitution of India. Both authorities passed the mechanical orders without application of mind. The conditions of Section 56 (1)(a) and (b) of the Maharashtra Police Act have not been followed. There was no live link between the crimes registered and the dates of initiating the proceedings. He submits that both impugned orders lack subjective satisfaction from objective material. He submitted that the order of the Commissioner was without reason. Nowhere in a show cause notice, it was mentioned that the witnesses were not coming forward to depose against him. The Authority did not personally meet and verify the truthfulness of the apprehension of camera witnesses. The offences against the petitioner were stale. The Offences were registered only in Navamondha Police Station. However, the Authorities illegally externed him from the entire Parbhani District. He did not create terror in the vicinity. Hence, there was no reason for the camera witness to state that they apprehended him to lead the evidence publicly. To bolster his arguments, relied on the case of Hussain @ Bantu Mohammad Bashir Vs. Deputy Commissioner and Others, AIR Online 2023 BOM 1803. He further relied on the case of Pappu @ Akhilesh Shivshankar Mishra Vs. State of Maharashtra and Others, 2017 1 ABR (Crl) 377 and argued that care must be taken to ensure that terms of Section 56 and 59 of the Maharashtra Police Act are strictly complied with and the slender safeguards with those prov
The court established that externment orders require a clear connection to recent criminal activity and strict adherence to procedural safeguards to protect individual liberties.
Externment orders must be based on objective material and specific reasons; failure to consider bail status and due process renders such orders invalid.
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....
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.
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 must demonstrate a clear live-link between recent activities and the necessity for such measures.
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....
The court upheld the externment under the Maharashtra Police Act but limited its scope to specific talukas, balancing public safety with individual rights.
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