Case Note & Summary
The petitioner, Nitin Kale, challenged an externment order passed by the Deputy Commissioner of Police, Amravati, under Section 56(1)(a) and (b) of the Maharashtra Police Act, 1951, and the subsequent appellate order by the Divisional Commissioner. The externment order was based on seven criminal cases registered against the petitioner between 2012 and 2020. However, out of these seven cases, the petitioner had been acquitted in five, one was pending trial, and one was under police investigation. The petitioner argued that the externing authority failed to consider the acquittals and that there was no live link between the past incidents and any future threat to public order. The court examined the material relied upon by the authority and found that the subjective satisfaction was not based on credible evidence. The court held that externment is a drastic measure and cannot be justified merely by listing cases without considering their outcomes. Since most cases ended in acquittal, the authority could not reasonably conclude that the petitioner was a habitual offender or a threat to public order. The court quashed both the externment order and the appellate order, allowing the writ petition.
Headnote
A) Maharashtra Police Act - Externment - Section 56(1)(a) and (b) - Subjective Satisfaction - The externment order was based on seven crimes, out of which five resulted in acquittal, one was pending trial, and one was under investigation. The court held that the subjective satisfaction of the externing authority must be based on credible material indicating a live link between the petitioner's past activities and a future threat to public order. Mere listing of crimes without considering the outcome of trials vitiates the order. (Paras 3-6) B) Maharashtra Police Act - Externment - Acquittals - Relevance - The court held that reliance on crimes where the petitioner was acquitted cannot form the basis for externment, as acquittal implies the allegations were not proved. The authority must consider the final outcome of cases to assess the petitioner's conduct. (Paras 4-6) C) Maharashtra Police Act - Externment - Pending Cases - Live Link - The court held that a single pending case and one under investigation, without any evidence of continuing harmful activity, does not justify externment. The authority must demonstrate a clear and present danger to public order from the petitioner's movements. (Paras 5-6)
Issue of Consideration
Whether the externment order passed under Section 56(1)(a) and (b) of the Maharashtra Police Act, 1951, based on crimes where the petitioner was acquitted in most cases and only one case was pending, is sustainable in law.
Final Decision
The court allowed the writ petition, quashing the externment order dated 05.04.2022 passed by the Deputy Commissioner of Police, Zone-1, Amravati, and the appellate order dated 29.09.2022 passed by the Divisional Commissioner, Amravati.
Law Points
- Externment order cannot be based solely on past acquittals or pending cases without evidence of continuing harmful activity
- Subjective satisfaction must be based on material showing a live link between past acts and future threat
- Section 56(1)(a) and (b) of Maharashtra Police Act require clear and present danger to public order
