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IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR
G.A. SANAP, J.
Sheikh Kasam Sheikh Shaikhji and Anr. – Petitioners
Versus
State of Maharashtra, through Additional Chief Secretary, Home Department and Ors. – Respondents
Criminal Writ Petition No. 429 of 2024
Decided On : 25-09-2024
| Table of Content |
|---|
| 1. facts regarding the externment orders issued under section 55. (Para 2 , 3 , 4 , 5) |
| 2. arguments presented by the petitioners and respondents. (Para 6 , 7 , 8) |
| 3. court's observations about the legality of the orders under section 55. (Para 9 , 10 , 11 , 12) |
| 4. final decision to quash the externment orders. (Para 13) |
JUDGMENT :
G.A. SANAP, J.
1. RULE. Rule made returnable forthwith. Heard finally by the consent of the learned advocates for the parties.
2. In this writ petition, challenge is to the order 26.03.2024, passed by respondent no.2 – Divisional Commissioner, Amravati Division, Amravati, dismissing the appeal filed by the petitioners against the order dated 02.11.2023, passed by respondent no.3 – Superintendent of Police, Akola, whereby the petitioners have been externed out of entire Akola district for two years as per the provisions of Section 55 of the Maharashtra Police Act, 1951 (hereafter referred to as “the Act of 1951” for short).
3. The respondent no.2 had issued directions to the Sub Divisional Police Officer (SDPO), Balapur, Dist. Akola, for conducting an inquiry against the petitioners in terms of Section 59 of the Act of 1951. Accordingly, the SDPO, Balapur, on completion of the inquiry, submitted his report to respondent no.3. Respondent no.3 by his notice dated 25.10.2023, called upon the petitioners to show cause as to why they shall not be externed, being the members of of a gang, out of the Akola district. The petitioners replied those notices and placed on record their side of the story.
4. Respondent no.3 relied upon the following crimes registered with Old City police station, Akola for invoking the provisions of Section 55 of the Act of 1951 against the petitioners. The details of the crimes are as follows :
(A) Shaikh Kasam Sheikh Shaikhji (petitioner no.1)
| Sr | Police Stn. | Crime No. | Offences | Challan No. | Case No. | Status |
| 1. | Old City, Akola | 74/2016 | U/ss 143, 144, 147, 148, 149, 302 of IPC ; and U/s 7 Cri.Law Act, U/s 135 of Mah. Police Act & U/ss 3 & 4 of MCOC Act | 117/2016 dated17.12.2016 | 317/2016 dated 17.12.2016 | Pending before Court |
| 2. | Old City, Akola | 575/2018 | 324, 504 IPC | 56/2019 dtd.15.09.22 | 1244/2022 dtd.07.10.22 | ---”--- |
| 3. | Old City, Akola | 356/2020 | 324, 323, 427 IPC | 72/2021dtd.20.04.21 | 514/2021 dtd.28.04.21 | ---”--- |
| 4. | Old City, Akola | 820/2021 | 3, 25 Arms Act | 256/2022dtd.23.06.22 | 754/2022 dtd.27.06.22 | ---”--- |
| 5. | Old City, Akola | 930/2021 | 294, 341, 506 IPC | 51/2022 dtd. 29.03.22 | 335/2022 dtd.30.03.22 | ---”--- |
| 6. | Old City, Akola | 950/2021 | 341, 452, 323, 504, 506, 34 IPC, Sec.4, 25 ArmsAct, 135 Mah. Police Act | 73/2022 dtd.02.06.22 | 609/2022 dtd.06.06.22 | ---”--- |
| 7. | Old City, Akola | 144/2023 | 324, 323, 504, 34 IPC | 81/2023 dtd.25.07.23 | 833/2023 dtd.26.07.23 | ---”--- |
Preventive Action against petitioner no.1
| S.No. | Police Station | Sumar No. | Under Sections | Order |
| 1. | Old City, Akola | 10/2021 | 3(1) M.P.D.A. Act | Collector’s order No. Kaksha/Desk-2/Home/HA/WS-580/2021, dtd. 30.11.2021 -Externed for one year |
(B) Shaikh Ayaz @ Bholu Sheikh Shaikhji (petitioner no.2)
| Sr | PoliceStation | Crime No. | Offences | ChallanNo. | Case No. | Status |
| 1. | Old City, Akola | 74/2016 | U/ss 143, 144, 147, 148, 149 302 of IPC ; and U/s 7 Cri.Law Act, U/s135 of Mah. Police Act & U/s 3 & 4 of MCOC Act | 117/2016 dated 17.12.2016 | 317/2016 dated 17.12.2016 | Pending before Court |
| 2. | Old City, Akola | 950/2021 | 341, 452, 323, 504, 506, 34 IPC, Sec.4, 25 Arms Act, 135 Mah. Police Act | 73/2022 dtd.02.06.22 | 609/2022 dtd.06.06.22 | ---”--- |
| 3. | Old City, Akola | 144/2023 | 324, 323, 504, 34 IPC | 81/2023 dtd.25.07.23 | 833/2023 dtd.26.07.23 | ---”--- |
5. Respondent no.3 conducted inquiry on receipt of the replies and passed the order dated 02.11.2023, externing the petitioners from entire Akola district for two years. Being aggrieved by this order, the petitioners challenged it before respondent no.2. Respondent no.2, on consideration of the material against the petitioners, agreed with the subjective satisfaction recorded by the respondent no.3 and confirmed the said order dated 02.11.2023.
6. I have heard Mr. Abdul Subhan, learned advocate for the petitioners and Mrs. S. V. Kolhe,
Collective action required for externment under Section 55, unlawful if based on individual actions.
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 that the application of Section 55 of the Maharashtra Police act requires collective criminal activities of a gang or body of persons, and the acti....
Externment orders must be supported by sufficient evidence and cannot infringe on individual liberty without just cause.
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 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.
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....
An externment order under Sec. 55 of the Maharashtra Police Act requires a live link between recent criminal activity and the necessity for externment; significant delays in action can render such or....
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