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Y. G. KHOBRAGADE
Karanjeet Singh Ragbeer Singh Shahu – Appellant
Versus
Divisional Commissioner Ch. Sambhajinagar – Respondent
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
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.
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.
The court upheld the externment orders based on the petitioner's involvement in serious criminal activities as a gang leader and the authorities' proper appreciation of the evidence on record.
The main legal point established in the judgment is the requirement for relevant material and reasonableness in passing an externment order under section 55 of the Maharashtra Police act, 1951, and t....
Point of Law : Externment order directing externment of a person from much larger area than the one of his illegal activities, can be made, but it should be based upon some material which provides an....
Externment orders must demonstrate a clear live-link between recent activities and the necessity for such measures.
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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