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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Y.G. KHOBRAGADE, J
Santosh @ Raju S/o Vishwanath Zalte – Appellant
Versus
The State Of Maharashtra – Respondent
JUDGMENT :
Y.G. KHOBRAGADE, J.
1. Rule. Rule made returnable forthwith. With the consent of both sides, heard finally.
2. The Petitioner, who has been externed, invoked the jurisdiction of this Court under Article 226 of the Constitution of India and takes exception to the order dated 05.08.2024 passed by the Respondent No.2 Divisional iz Commissioner, Ch. Sambhajinagar in externment Appeal No. 2024@lkÁŒ@d{k&1@ikSy&1@gn~nikj@flvkj&65 under Section 60 of the Maharashtra Police Act, thereby affirming the order of externment passed by the Respondent No.3 on 06.05.2024.
3. In a nutshell, the facts giving rise to the present petition are that, the Petitioner was served with the Notice dated 10.04.2024 under Section 59 of the Maharashtra Police Act issued by the Respondent No.3 and called upon him to submit his cause as to why he should not be externed from the entire Ch. Sambhajinagar District for a period of two years because of registration of following crimes as under:
4. On 24.09.2024, the Petitioner submitted his reply and claimed that, he is a social worker and agitated for the grievances of the general public but his Politically rival group having a grudge against him and jealous abou
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 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 supported by sufficient evidence and cannot infringe on individual liberty without just cause.
The court upheld the externment under the Maharashtra Police Act but limited its scope to specific talukas, balancing public safety with individual rights.
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 demonstrate a clear live-link between recent activities and the necessity for such measures.
Externment orders require sufficient evidence and objective material to justify action under the Maharashtra Police Act; lack of such evidence renders the orders illegal.
The main legal point established in the judgment is that an externment order must be based on subjective satisfaction arrived at on the basis of objective material, and strict compliance with the leg....
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