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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
Y. G. KHOBRAGADE, J.
Ashok S/o Ramhari Gharat – Appellant
Versus
Divisional Commissioner, Chhatrapati Sambhaji Nagar – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. With consent of both the sides it is heard finally.
2. By the present Petition under Article 227 of the Constitution of India, the Petitioner impugned the order dated 11.07.2024 passed by Respondent No.1 Appellate Authority, whereby upheld order dated 19.04.2024 passed by Respondent No.2 Sub Divisional Officer @ Magistrate, Beed, externing the Petitioner for a period of one year.
3. The Police Authorities have sought to invoke Section 56 of the Maharashtra Police Act and issued a notice dated 06.01.2024 to the Petitioner calling upon him to submit explanation as to why he should not be externed from Beed, Dharashiv and Ahmednagar Districts because of registration of following crimes:
(i) Crime No.28 of 2016 registered against him for the offence punishable under Section 379 of Indian Penal Code and Section 26-F, 41 of the Forest Act,
(ii) Crime No.48 of 2017 for the offence under Section 379 of I.P.C. read with Section 26-F, 41 of the Forest Act, Section 3 and 4 of the Maharashtra Forest Act.
(iii) Crime No.137 of 2019 for the offence under Sections 379 of Indian Penal Code read with Section 26-F, 41 of the Forest Act, Section 3 and4 of
The court upheld the externment under the Maharashtra Police Act but limited its scope to specific talukas, balancing public safety with individual rights.
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.
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 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.
The main legal point established in the judgment is the need for careful application of the provisions of the Maharashtra Police act, 1951, and the importance of subjective satisfaction in externment....
The main legal point established in the judgment is that externment orders should be based on sufficient material and restricted to the area of illegal activity of the externee.
The main legal point established in the judgment is the requirement for sufficient material and subjective satisfaction in making externment orders under Sec. 56(1)(a)(b) of the Maharashtra Police Ac....
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