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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Harshvardhan Singh @ Harsh Vardhan – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Pandey, J. – This criminal writ petition has been filed by the petitioner against the order of externment dated 22.10.2023 passed by the respondent no. 2, namely, the District Magistrate, Khagaria in B.C.C.A. Case No. 33 of 2023.
2. By filing the present writ petition, the petitioner has sought for the following relief(s): –
(i) Issuance of a direction, order or writ, including writ in the nature of certiorari to quash the order dated 22.10.2023 passed in B.C.C.A. Case Number 33 of 2023 whereby the petitioner has been declared to be an anti-social element and an order of externment has been passed against him under Bihar Control of Crimes Act, 1981.
(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus directing the Respondent Authorities to show cause as to under what circumstances vide order dated 21.10.2023 the proceedings were carried out in such a haste that less than one day was provided to the petitioner to furnish a reply to the show cause issued against him.
(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus directing Respondent number 4 to show cause as to under what circumstances and on what grou
The definition of 'habitual' in the Jharkhand Control of Crimes Act requires a pattern of repeated offenses, which was not established in this case.
The court highlighted the importance of objective material for recording subjective satisfaction to pass an order of externment, the need for compliance with principles of natural justice, and the ne....
Externment orders under the Delhi Police Act can be justified based on habitual criminal behavior posing a danger to society, even if FIRs are not within a year of the order.
The main legal point established in the judgment is that externment orders must satisfy the requirements of close proximity to the offense, objective consideration, and satisfaction of the District M....
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 evidence of current danger or harm, and must comply with procedural safeguards to ensure the protection of fundamental rights under Article 19(1)(d) of th....
Externment orders must be based on objective material and specific reasons; failure to consider bail status and due process renders such orders invalid.
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