Case Note & Summary
The petitioner, Sheikh Munnu Sheikh Salim, challenged an externment order dated 12.07.2021 passed by the Deputy Commissioner of Police, Amravati, under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, directing him to remove himself from Amravati District for two years. The order was confirmed in appeal by the Divisional Commissioner on 08.03.2022. The externment was based on five pending criminal cases registered at Nagpuri Gate and Badnera police stations, involving offences under the Indian Penal Code and Arms Act, and confidential in-camera statements of two witnesses. The petitioner argued that the subjective satisfaction was not based on objective material and that the crimes were pending trial. The court held that the mere pendency of cases and in-camera statements that did not indicate any threat to public order were insufficient to justify externment. The court quashed both the externment order and the appellate order, allowing the petition.
Headnote
A) Criminal Law - Externment - Section 56(1)(a)(b) Maharashtra Police Act, 1951 - Subjective Satisfaction - The court examined whether the externment order was based on objective material. Held that mere registration of five crimes, all pending trial, and in-camera statements not indicating that the petitioner's movements were causing alarm or danger to public order, did not justify externment. The order was quashed. (Paras 3-6)
B) Criminal Law - Externment - In-camera Statements - The court noted that the in-camera statements of two witnesses did not show that the petitioner's activities were such as to cause alarm or danger to public order. The statements were not sufficient to sustain the externment order. (Para 5)
Issue of Consideration
Whether the externment order passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 was sustainable based on the crimes registered and confidential in-camera statements.
Final Decision
The court allowed the petition, quashing the externment order dated 12.07.2021 and the appellate order dated 08.03.2022.
Law Points
- Externment order requires subjective satisfaction based on objective material
- mere pendency of criminal cases insufficient
- in-camera statements must show threat to public order
- Section 56(1)(a)(b) Maharashtra Police Act
- 1951
Case Details
2023 LawText (BOM) (03) 157
Criminal Writ Petition No. 203 of 2022
Mr. A. K. Bhangde for petitioner, Mr. H. D. Dubey (A.P.P.) for respondents
Sheikh Munnu Sheikh Salim
Divisional Commissioner, Amravati Division, Amravati; Deputy Commissioner of Police, Zone-1, Amravati City, Amravati; Assistant Commissioner of Police, Gadgenagar Division, Amravati City, Amravati
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Nature of Litigation
Criminal writ petition challenging externment order under Maharashtra Police Act, 1951
Remedy Sought
Quashing of externment order dated 12.07.2021 and appellate order dated 08.03.2022
Filing Reason
Petitioner was externed from Amravati District for two years based on five pending criminal cases and in-camera statements
Previous Decisions
Externment order passed by Deputy Commissioner of Police on 12.07.2021; confirmed by Divisional Commissioner on 08.03.2022 in appeal
Issues
Whether the externment order under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 was based on sufficient objective material?
Whether the in-camera statements and pending criminal cases justified the subjective satisfaction for externment?
Submissions/Arguments
Petitioner argued that the subjective satisfaction was not based on objective material and that the crimes were pending trial.
Respondents supported the externment order based on the crimes and in-camera statements.
Ratio Decidendi
Externment under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 requires subjective satisfaction based on objective material showing that the person's movements are causing alarm or danger to public order. Mere pendency of criminal cases and in-camera statements not indicating such threat are insufficient.
Judgment Excerpts
In this writ petition, the petitioner has challenged the order of his externment dated 12.07.2021 passed by respondent no.2 - Dy. Commissioner of Police, Zone-I, Amravati City, Amravati as well as the order dated 08.03.2022 passed by respondent no.1 – Divisional Commissioner, Amravati Division, Amravati, whereby the respondent no.1 confirmed the order of externment in appeal.
The respondent no.2, by invoking the provisions of Section 56 Sub-section (1), clauses (a)&(b) of the Maharashtra Police Act, 1951, ordered externment of the petitioner and directed him to remove himself outside the limits of Amravati District for a period of two years.
Procedural History
The Deputy Commissioner of Police passed an externment order on 12.07.2021 under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951. The petitioner appealed to the Divisional Commissioner, who confirmed the order on 08.03.2022. The petitioner then filed the present criminal writ petition before the High Court.
Acts & Sections
- Maharashtra Police Act, 1951: 56(1)(a), 56(1)(b)
- Indian Penal Code, 1860: 294, 506(B), 34, 395, 342, 452, 307
- Arms Act, 1959: 4, 25, 3
