Case Note & Summary
The petitioner, Bharat Shatrughana Bhosale, challenged an externment order passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, which externed him from two districts for six months. The order was based on seven criminal cases, including serious offenses under the Indian Penal Code and the Indian Forest Act. The petitioner contended that the principles of natural justice were grossly violated as the notice under Section 59 of the Act, which provides for a hearing before an externment order is passed, was not served on him. The court examined Section 59, which mandates that the proposed externee be informed in writing of the general nature of material allegations and be given a reasonable opportunity to tender an explanation. The court noted that the learned A.P.P. conceded that the notice was issued but not served. The court held that Section 59 is the heart and soul of externment proceedings and cannot be bypassed. Relying on the Supreme Court judgments in Pandharinath Shridhar Rangnekar v. Commr. of Police and Nawabkhan Abbaskhan v. State of Gujarat, the court emphasized that the safeguards under Sections 56 and 59 must be strictly complied with, and any violation renders the order void ab initio. The court quashed and set aside the impugned orders dated 19.06.2025 and 29.04.2025, allowing the writ petition.
Headnote
A) Constitutional Law - Personal Liberty - Externment - Section 56, 59 Maharashtra Police Act, 1951 - Violation of Natural Justice - The petitioner was externed for six months from two districts based on seven criminal cases. The notice under Section 59 of the Act was issued but not served on the petitioner. The court held that Section 59 is the heart and soul of externment proceedings and cannot be bypassed. Failure to serve notice vitiates the entire proceeding. The order was quashed and set aside. (Paras 2-10) B) Administrative Law - Natural Justice - Right to Hearing - Section 59 Maharashtra Police Act, 1951 - Mandatory Compliance - The court relied on Pandharinath Shridhar Rangnekar v. Commr. of Police, (1973) 1 SCC 372 and Nawabkhan Abbaskhan v. State of Gujarat, (1974) 2 SCC 121 to hold that the safeguards under Sections 56 and 59 must be strictly complied with. The duty to hear is a constitutional requirement and failure to comply renders the order void ab initio. (Paras 7-10)
Issue of Consideration
Whether the externment order passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 is sustainable when the notice under Section 59 of the Act was not served on the petitioner, thereby violating principles of natural justice.
Final Decision
The court allowed the writ petition, quashing and setting aside the impugned orders dated 19.06.2025 and 29.04.2025. Rule made absolute.
Law Points
- Principles of natural justice
- mandatory compliance with Section 59 of Maharashtra Police Act
- 1951
- externment order void if notice not served
- strict compliance required for personal liberty restrictions
