Case Note & Summary
The petitioner, Bhushan Pohokar, challenged the externment order dated 13.05.2022 passed by the Deputy Commissioner of Police, Zone-1, Amravati, under Section 56(1)(a) & (b) of the Maharashtra Police Act, 1951, and the appellate order dated 04.11.2022 passed by the Divisional Commissioner, Amravati. The externment order was based on five crimes registered at Gadge Nagar Police Station between 2016 and 2019, all of which were pending trial. The petitioner argued that the crimes were stale and not proximate in time, and that the authority had not applied its mind to the material. The court examined the record and found that the crimes were from 2016, 2017, 2018, and 2019, with no crime after 2019. The externment order was passed in 2022, and the authority did not consider the gap or the fact that the petitioner had not been involved in any criminal activity for about three years. The court held that the subjective satisfaction of the authority was not properly recorded and that the order suffered from non-application of mind. Consequently, the court quashed both the externment order and the appellate order, allowing the writ petition.
Headnote
A) Maharashtra Police Act, 1951 - Externment - Section 56(1)(a) & (b) - Subjective Satisfaction - The externment order must be based on the subjective satisfaction of the authority, which must be arrived at after considering the nature, gravity, and proximity of the alleged crimes. The authority must apply its mind to the material on record and record reasons for believing that the person is likely to commit similar acts in future. (Paras 3-5) B) Maharashtra Police Act, 1951 - Externment - Stale Crimes - Non-Application of Mind - The externment order cannot be based on crimes that are stale and not proximate in time. In the present case, the crimes relied upon were from 2016 to 2019, and the externment order was passed in 2022. The authority did not consider the gap in time and the fact that the petitioner was not involved in any crime after 2019. The order was quashed for non-application of mind. (Paras 3-5) C) Maharashtra Police Act, 1951 - Externment - Quashing of Order - The High Court, in exercise of its writ jurisdiction, quashed the externment order and the appellate order as the authority failed to record subjective satisfaction and the crimes were stale. The petition was allowed. (Para 5)
Issue of Consideration
Whether the externment order passed under Section 56(1)(a) & (b) of the Maharashtra Police Act, 1951 was valid when based on crimes that were stale and not proximate in time, and whether the authority applied its mind properly.
Final Decision
The writ petition is allowed. The externment order dated 13.05.2022 passed by the Deputy Commissioner of Police, Zone-1, Amravati, and the appellate order dated 04.11.2022 passed by the Divisional Commissioner, Amravati, are quashed and set aside.
Law Points
- Externment order must be based on subjective satisfaction of the authority
- considering the nature and gravity of crimes
- proximity in time
- and likelihood of future harmful activities
- stale and unrelated crimes cannot form the basis for externment
- non-application of mind vitiates the order.
