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Y. G. KHOBRAGADE
Ashok Bhausaheb Wahul – Appellant
Versus
The Divisional Commissioner, Aurangabad – Respondent
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
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.
Externment orders must be based on objective material and specific reasons; failure to consider bail status and due process renders such orders invalid.
Externment orders must be supported by sufficient evidence and cannot infringe on individual liberty without just cause.
Externment orders require sufficient evidence and objective material to justify action under the Maharashtra Police Act; lack of such evidence renders the orders illegal.
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.
Externment orders must demonstrate a clear live-link between recent activities and the necessity for such measures.
An externment order under Sec. 55 of the Maharashtra Police Act requires a live link between recent criminal activity and the necessity for externment; significant delays in action can render such or....
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