Case Note & Summary
The petitioner, Ganesh Maroti Bore, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a show-cause notice dated 15.07.2024 issued under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 by the Sub-Divisional Magistrate, Bhusawal, and the consequential externment order. The petitioner contended that the externment proceedings were initiated malafidely as a retaliation for filing cross complaints against informants and government officials. The factual background includes an FIR No. 114 of 2023 registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner, his arrest, and subsequent bail. The petitioner submitted a written reply to the show-cause notice on 04.10.2024, which was received by the authority on 08.10.2024. However, the externment order was passed without considering the reply. The court examined the procedural compliance and found that the show-cause notice lacked specific allegations and the authority failed to apply its mind. The court held that the right to reside in one's own locality is a facet of Article 21 and cannot be curtailed without due process. Consequently, the court quashed the show-cause notice and the externment order, allowing the petition.
Headnote
A) Constitutional Law - Right to Life - Article 21 of the Constitution of India - Externment Proceedings - The petitioner sought protection of his fundamental rights under Article 21 contending that the externment proceedings were vitiated by malafides, procedural irregularities, and non-application of mind by the authorities. The Court examined the procedural compliance and found that the show-cause notice lacked specific allegations and the authority failed to apply its mind. Held that the right to reside in one's own locality is a facet of Article 21 and cannot be curtailed without due process (Paras 3-6).
B) Criminal Procedure - Externment - Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 - Show-Cause Notice - The show-cause notice dated 15.07.2024 was issued under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951. The Court found that the notice did not contain specific instances of the petitioner's alleged activities and the authority did not consider the petitioner's reply dated 04.10.2024 before passing the externment order. Held that the proceedings were vitiated by non-application of mind and procedural irregularities (Paras 4-6).
Issue of Consideration
Whether the show-cause notice dated 15.07.2024 issued under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 and the consequential externment order are vitiated by malafides, procedural irregularities, and non-application of mind by the Externment Authorities.
Final Decision
The court quashed the show-cause notice dated 15.07.2024 and the consequential externment order, allowing the petition. Rule made absolute.
Law Points
- Externment proceedings under Maharashtra Police Act must be based on subjective satisfaction of the authority
- show-cause notice must contain specific allegations
- non-application of mind vitiates proceedings
- right to life under Article 21 includes right to reside in one's own locality
Case Details
2025 LawText (BOM) (09) 35
Criminal Writ Petition No. 154 of 2025
Smt. Vibha Kankanwadi, Hiten S. Venegavkar
Mr. M. M. Bhokarikar for petitioner, Ms. P. R. Bharaswadkar APP for respondent Nos. 1 to 5
The State of Maharashtra, The District Magistrate Jalgaon, The Sub-Divisional Magistrate Bhusawal, The District Superintendent of Police Jalgaon, The Sub-Divisional Police Officer Bhusawal
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Nature of Litigation
Criminal writ petition seeking to quash show-cause notice and externment order under Maharashtra Police Act
Remedy Sought
Quashing of show-cause notice dated 15.07.2024 and consequential externment order, protection of fundamental rights under Article 21
Filing Reason
Petitioner alleges malafide initiation of externment proceedings as retaliation for filing cross complaints against informants and government officials
Previous Decisions
FIR No. 114 of 2023 registered under SC/ST Act, petitioner arrested and enlarged on bail, charge sheet filed, trial pending as Special Case No. 108/2023
Issues
Whether the show-cause notice and externment order are vitiated by malafides, procedural irregularities, and non-application of mind
Whether the petitioner's right to reside in his own locality under Article 21 has been violated
Submissions/Arguments
Petitioner argued that externment proceedings were initiated malafidely as retaliation for filing cross complaints against informants and government officials
Petitioner contended that show-cause notice lacked specific allegations and his reply was not considered before passing externment order
Respondents argued that proceedings were in accordance with law
Ratio Decidendi
Externment proceedings under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 must be based on subjective satisfaction of the authority with specific allegations in the show-cause notice and consideration of the reply. Non-application of mind and procedural irregularities vitiate the proceedings. The right to reside in one's own locality under Article 21 cannot be curtailed without due process.
Judgment Excerpts
The present criminal writ petition is filed under Article 226 and 227 of the Constitution of India seeking to quash and set aside show-cause notice dated 15.07.2024 issued under Section 56(1)(a)(b) of The Maharashtra Police Act, 1951
According to the petitioner, this is the root cause for the authorities to malafidely initiate externment action against him.
The show-cause notice came to be issued on 15.07.2024 to which the petitioner had submitted a written reply on 04.10.2024.
Procedural History
FIR No. 114/2023 registered on 14.06.2023 under SC/ST Act; petitioner arrested and enlarged on bail on 03.07.2023; charge sheet filed on 09.08.2023; trial pending as Special Case No. 108/2023; report recommending externment prepared on 26.06.2024; show-cause notice issued on 15.07.2024; petitioner submitted reply on 04.10.2024; externment order passed thereafter; present writ petition filed in 2025.
Acts & Sections
- Maharashtra Police Act, 1951: 56(1)(a)(b)
- Constitution of India: Article 21, Article 226, Article 227
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
