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.

JUDGMENT :

Y.G. KHOBRAGADE, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of both the sides.

2. The Petitioner takes exception to the order dated 01.12.2023 passed by the Respondent No. 1, the Divisional Commissioner, Chhatrapati Sambhajinagar (Aurangabad) in Externment Appeal No. 2023/G.A./Desk-1/ Pol-1/Externment/CR-70, thereby confirming the order dated 12.06.2023 passed by the Respondent No. 2, the Deputy Commissioner of Police, Aurangabad in proceeding No. PDC/Range-1/V-2/Externment-01-23/Final order/2023-1940 thereby externed the Petitioner from entire District of Chhatrapati Sambhajinagar, for the period of two years.

3. On perusal of record, it indicates that the concerned Police Authorities sought to invoke Section 55 of the Maharashtra Police Act, 1951 for the purpose of externment of the Petitioner. On 18.02.2023, the Senior Police Inspector of M.I.D.C. Waluj Police Station, submitted a proposal with the Respondent No. 2 for externing the Petitioner. In pursuance of said proposal, the Petitioner was served with first show cause notice under Section 59 of the Maharashtra Police Act on 17.02.2022. Thereafter, again a second show cause notice under Section 59 of the Maharashtra Police Act was served upon to Petitioner on 03.03.2023 on the ground of illegal activities of the Petitioner for committing crimes against the citizens and extortion, so also, disturbing the peace and tranquility in the society. It was further stated therein that number of offences registered against the Petitioner, however, due to the threat issued by the Petitioner, the witnesses are not coming forward to give statements or complaints against the Petitioner. From the statement of the witnesses it appears that the Petitioner has been issuing threat to lodge a false complaint against the industrialists and abusing them in filthy language.

4. On 14.03.2023, the Petitioner submitted his reply and contended that he is an honest man and he is playing active role in raising the voice for the labours who are engaged in various industries situated at M.I.D.C. Waluj. No serious offences were registered against him. He is a permanent resident of CIDCO, Waluj Mahanagar-1. His father is having 4 Acre of land and he is also working in Astara Tooling, B-51/37, Dinde Udyog, M.I.D.C. Waluj, and drawing salary of Rs. 25,000/- p.m. and maintaining his family. False offence was registered against him and he has not indulged in any such crime as aleeged. The Petitioner further contended that, three months before, at about 11.00 a.m., one person had visited his company and at that time, he met the said person and introduced himself being a founder President of “Dr. Babasaheb Ambedkar Vichar Manch” and he is receiving complaints regarding management of company of said person. The Petitioner further stated that the minor workers are engaged in the company of witness No. 1. The witness No. 1 falsely stated that he (Petitioner) demanded Rs. 5,00,000/- (Rupees Five Lakh) as extortion though he has not raised any such demand at any time before. So also, the Crime No. 134 of 2023 was falsely registered against him for the offence punishable under Section 384 of I.P.C., on false complaint of informant Shri Digambar Vinayak Naik. However, on 12.06.2023, the Respondent No. 2 Deputy Commissioner of Police, passed an order holding that:

(1) Crime No. 134 of 2023, registered on 15.02.2023 against the Petitioner for the offence punishable under Section 384 and the investigation of said crime is in progress.

(2) Crime No. 410 of 2022, registered on 30.04.2022 for the offence punishable under Section 341, 323, 324, 504, 506 read with Section 34 of I.P.C. and the trial of said offence is pending.

(3) N.C. No. 1078 of 2022, registered on 14.05.2022 for the offences under Section 323, 504, 506 read with Section 34 of I.P.C. and (4) Chapter Case No. 213 of 2021 for the offence punishable under Section 107 of Cr.P.C. registered on 08.09.2021 as well as report of ca