Externment orders must be supported by sufficient evidence and cannot infringe on individual liberty without just cause.

JUDGMENT :

Y.G. Khobragade, J.

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

2. The Petitioner takes exception to the order dated 05.08.2024 passed by the Respondent No.1- Divisional Commissioner, Chh. Sambhajinagar (Aurangabad) confirming the order dated 17.05.2024 passed by the Respondent No.2-Superintendent of Police, Nanded thereby externing the Petitioner from entire Nanded District for a period of six months.

3. On perusal of record, it indicates that the concerned police authorities sought to invoked Section 55 of the Maharashtra Police Act for the purpose of externment of the Petitioner. On 28.12.2023, the Respondent No.3- Police Inspector, Police Station Vimantal, Nanded (City) issued a show cause notice to the Petitioner-Karanjeet Singh Ragbeer Singh Shahu and others i.e. Sarhan Bil Ali Alkaseri, Kamalkishor Ganeshlal Yadav, Gurprit Singh Gulzar Singh Khaira, on ground that they are operating a gang and their presence in the area is disturbing the peace and tranquility. It is also stated therein that number of offences are registered against the Petitioner and others. Therefore, the Petitioner was served with a show cause notice dated 28.12.2023 as to why he should not be externed. The Respondent No.2-Superintendent of Police, Nanded again issued a notice to the Petitioner on 02.04.2024, calling upon him to submit cause as to why he should not be externed from entire Nanded District for his act of disturbing the peace. Accordingly, on 10.04.2024 the Petitioner submitted his reply and denied all the allegations. He contended that only one offence referred in the notice is registered against him and trial to that effect is pending before the competent Court. He is not a member of any gang. Furthermore, he is also enlarged on bail in the said crime. The Petitioner further contended that due to his behavior there is no any hazard to any property or to any person. Therefore, he prayed for revocation of show cause notice.

4. On 17.05.2024, the Respondent No.2- Superintendent of Police, Nanded passed the impugned order and externed the Petitioner from the limits of Nanded district for a period of six months. Being aggrieved by the said order, the Petitioner challenged the same before the Respondent No.1 Appellate Authority under Section 60 of the Maharashtra Police Act. However, on 05.08.2024 the Respondent No.1 passed the impugned order and thereby confirmed the externment order passed by the Respondent No.2 on 17.05.2024.

5. The learned counsel appearing for the Petitioner submits that on 28.12.2023, the Respondent No.3-Police Inspector, Police Station Vimantal, Nanded issued a notice, wherein it was alleged about registration of Crime No.119/2022 for the offence punishable under Section 302, 307, 120(B), 384, 109, r/w 34 of the I.P.C. and 3/25, 27(2) of the Indian Arms Act against the Petitioner but subsequently offence u/s 201 of IPC and Sec. 3 (1) (i), 3 (2), 3(4) of MCOCA Act, 1999 came to be added. However, the Petitioner was already released on bail in Crime No.119/2022. Though, the Petitioner submitted his reply and explanation dated 10.04.2024, however, the Respondent No.3 failed to consider the same and illegally forwarded the proposal for externment.

6. The learned counsel appearing for the Petitioner further canvassed that after receipt of notice, the Petitioner submitted his reply on 10.04.2024, wherein the Petitioner has specifically stated that only one Crime bearing No. 119/2022 has been registered against the Petitioner and he is already released on bail. Therefore, there is no subjective satisfaction to level the provisions of Section 55 of the Maharashtra Police Act, however, the Respondent No.2- Appellate Authority dismissed the appeal without considering the material available on record that the Petitioner is not a member of any gang and other persons who are named in the externment order are not members of a gang. Therefore, there is no material to comply with the pro