Externment orders must be based on objective material and specific reasons; failure to consider bail status and due process renders such orders invalid.

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 about his popularity in the society. He is a Builder by profession and runs a Security Agency. Further, he is distributing fruits, clothes to the needy person, so also, such as pen and books, stationery items to students from lower income strata. He regularly celebrates anniversaries of national leaders. However, the Police Authorities falsely implicated him in criminal cases. He is enlarged on bail in all the crimes described in the tabular form avoe. Therefore, proposed action of his externment for a period of two years is illegal, bad in law.

5. On 06.05.2024, the Respondent No.3 passed an order and externed the Petitioner from the entire Ch. Sambhajinagar city and district for a period fo two years. Being aggrieved by the said order dated 06.05.2024, the Petitioner preferred Externment Appeal under Section 60 before the Respondent No.2, Divisional Commissioner, Ch. Sambhajinagar. On 05.08.2024, the Respondent No.2 passed the impugned order and affirmed the order of externment passed by the Respondent No.3 on 06.05.2024.

6. The learned counsel appearing for the Petitioner canvassed that, the Respondent Authority failed to appreciate the material available in proper perspective manner and arrived at an erroneous finding. It is further canvassed that the Petitioner is a social activist and is always helpful to the poor, needy people and agitate for their grievances. Therefore, the Petitioner’s political rivals group made false allegations and implicated the Petitioner in false crimes.

7. The learned counsel appearing for the Petitioner further canvassed that, the 1^st Crime No.1098/2022 registered with the MIDC Waluj Police Station against the Petitioner for the offence punishable under Section 395, 397, 398, 506 of the I.P.C., r/w Sec. 3/25 of the Arms Act and on the same day, 2^nd Crime No.1099/2022 was also registered against the present Petitioner for the offence punishable under Section 143, 147, 427, 447 of the I.P.C. and under Section 135 of the Maharashtra Police Act, 1951. But prior to the registration of said crimes, the Petitioner approached the MIDC Waluj Police Station to lodged a complaint for cognizable offence arising out of same incident described in Crime No.1099/2022. However, the Police Authorities did not register FIR on the Petitioner’s report and falsely implicated the Petitioner. It is further canvassed that, Crime No.1099/2022 is of civil nature and Civil Suit bearing RCS No.388/2024 is pending before the C.J.S.D., Aurangabad in respect of the land between him and the adverse party. However, the Respondent No.3 has considered 5 Crimes, viz:

(i) No.45/2022 registered with City Chowk Police Station for the offence punishable under Section 269, 270 of the I.P.C. and Section135 of the Maharashtra Police Act

(ii) 098/2022 registered with Wa