Case Note & Summary
The petitioner challenged an externment order passed under Section 57(1)(a)(i) of the Maharashtra Police Act, 1951, externing him from Mumbai City, Mumbai Suburban, and Thane District for 18 months. The order was based on four criminal cases, of which the petitioner was acquitted in two, one was pending, and only one resulted in conviction under Section 324 IPC. The competent authority and the appellate commissioner upheld the externment. The petitioner argued that the order was based on stale cases and a single conviction, lacking a live link to any likelihood of future offences. The State contended that the subjective satisfaction of the authority was not open to scrutiny. The High Court examined Section 57 and held that the provision requires both a conviction and a subjective satisfaction based on objective material that the person is likely to commit similar offences again. The court found that the externment order was based on a single conviction and stale cases, with no material showing a present tendency to commit offences. The court quashed the externment order and the appellate order, allowing the petition.
Headnote
A) Preventive Detention - Externment - Condition Precedent - Section 57(1)(a)(i) Maharashtra Police Act, 1951 - The externing authority must record a finding of conviction for an enumerated offence and further subjective satisfaction that the person is likely to again commit similar offences; such satisfaction must be based on objective material and not be a mere ipse dixit (Paras 8-9). B) Preventive Detention - Externment - Live Link - Section 57(1)(a)(i) Maharashtra Police Act, 1951 - The order of externment is preventive, not punitive; it must be based on the present tendency of the externee, not merely past convictions; there must be a live link between the conviction and the likelihood of future offences (Paras 10-12). C) Constitutional Law - Writ Jurisdiction - Scope of Review - Article 226 of the Constitution of India - In exercise of writ jurisdiction, the court can examine whether there is any material to support the subjective satisfaction of the externing authority, but not the adequacy or sufficiency of such material (Para 7).
Issue of Consideration
Whether the externment order passed under Section 57(1)(a)(i) of the Maharashtra Police Act, 1951 was valid when based on a single conviction and stale cases, without proper subjective satisfaction that the petitioner was likely to again engage in similar offences.
Final Decision
The petition is allowed. The externment order dated 26-08-2023 and the appellate order dated 22-11-2023 are quashed and set aside.
Law Points
- Externment order under Section 57 of Maharashtra Police Act
- 1951 requires both a conviction for an enumerated offence and subjective satisfaction based on objective material that the person is likely to commit similar offences again
- Past convictions alone are insufficient
- there must be a live link between past conduct and future propensity
- The order is preventive not punitive
- adequacy of material cannot be examined in writ jurisdiction but existence of material can be
