Case Note & Summary
The petitioners, Narayan Sitaram Pawar and Shantaram Narayan Pawar, challenged an externment order dated 15.12.2022 passed by the Superintendent of Police, Buldhana under Section 55(1) of the Maharashtra Police Act, 1951, which externed them for one year. The show cause notice was issued on 13.08.2022, more than a year and two months after the last alleged incident in FIR No.166/2021. The petitioners argued that there was no live link between the offences and the notice, no crime registered against them between 06.05.2021 (last arrest in Crime No.163/2021) and the order, and the delay was unexplained, violating Article 19(1). The court agreed, holding that the inordinate delay broke the nexus, the jurisdictional facts were absent, and the order was arbitrary. The court quashed the externment order and allowed the petition.
Headnote
A) Maharashtra Police Act - Externment - Section 55(1) - Live Link - The show cause notice under Section 55(1) must have a live link with the alleged offences; delay of over a year between the last incident and the notice breaks the nexus and deprives the authority of jurisdiction. (Paras 3-5)
B) Constitutional Law - Fundamental Rights - Article 19(1) - Delay - Inordinate and unexplained delay in initiating externment proceedings renders the order arbitrary and violative of the right to move freely under Article 19(1) of the Constitution of India. (Paras 3-6)
C) Maharashtra Police Act - Externment - Section 55(1) - Jurisdictional Facts - The absence of any crime registered against the petitioners between the last arrest and the passing of the externment order indicates lack of essential jurisdictional facts required for exercising power under Section 55(1). (Paras 3-5)
Issue of Consideration
Whether the order of externment under Section 55(1) of the Maharashtra Police Act, 1951 is sustainable when there is inordinate delay in issuing show cause notice and no live link between the alleged offences and the notice.
Final Decision
The court allowed the writ petition and quashed the externment order dated 15.12.2022 passed by the Superintendent of Police, Buldhana.
Law Points
- Externment order requires live link between alleged offences and notice
- delay in initiating proceedings vitiates jurisdiction
- fundamental rights under Article 19(1) cannot be curtailed without justification
Case Details
2023 LawText (BOM) (07) 147
Criminal Writ Petition No. 219 of 2023
Vinay Joshi, Valmiki Sa Menezes
Mr. Amit Bhate for petitioners; Mr. S.S. Doifode, APP for respondents
Narayan Sitaram Pawar and Shantaram Narayan Pawar
Superintendent of Police, Buldhana; Sub Divisional Police Officer, Khamgaon; Police Station Officer, Rural Police Station, Khamgaon
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Nature of Litigation
Criminal writ petition challenging an externment order under Section 55(1) of the Maharashtra Police Act, 1951.
Remedy Sought
Quashing of the externment order dated 15.12.2022 passed by the Superintendent of Police, Buldhana.
Filing Reason
The petitioners challenged the externment order on grounds of inordinate delay in issuing show cause notice, lack of live link between offences and notice, and absence of jurisdictional facts.
Issues
Whether the show cause notice under Section 55(1) of the Maharashtra Police Act, 1951 was issued with a live link to the alleged offences?
Whether the inordinate delay in initiating externment proceedings vitiates the order?
Whether the essential jurisdictional facts for exercising power under Section 55(1) existed?
Submissions/Arguments
The show cause notice dated 13.08.2022 was issued more than a year and two months after the last incident in FIR No.166/2021, breaking the live link.
No crime was registered against the petitioners between 06.05.2021 and 15.12.2022, indicating lack of jurisdictional facts.
The unexplained delay in filing the proposal and passing the order renders the order arbitrary and violative of Article 19(1) of the Constitution.
Ratio Decidendi
An externment order under Section 55(1) of the Maharashtra Police Act, 1951 requires a live link between the alleged offences and the show cause notice; inordinate and unexplained delay in initiating proceedings breaks the nexus and deprives the authority of jurisdiction, rendering the order arbitrary and violative of Article 19(1) of the Constitution.
Judgment Excerpts
the show cause notice dated 13.08.2022 which formed the basis for passing of the impugned order, itself being issued more than a year and two months after the last incident alleged against the petitioners in FIR No.166/2021, there was no live link between the offence alleged against the petitioners and the notice issued under Section 55(1) of the Act
the essential jurisdictional facts required for exercising jurisdiction under Section 55 of the Act did not exist as on the date of issuance of the show cause notice
in view of total lack of explanation by the authorities under the Act, for the abnormal delay in filing proposal as on 09.08.2022 and the passing of the impugned order on 15.12.2022, the impugned order suffers from total arbitrariness and amounts to denial of the petitioners' fundamental rights under Article 19(1) of the Constitution of India
Procedural History
The petitioners filed Criminal Writ Petition No. 219 of 2023 before the Bombay High Court, Nagpur Bench, challenging the externment order dated 15.12.2022 passed by the Superintendent of Police, Buldhana under Section 55(1) of the Maharashtra Police Act, 1951. The court reserved judgment on 28.06.2023 and pronounced on 12.07.2023.
Acts & Sections
- Maharashtra Police Act, 1951: 55(1)
- Constitution of India: Article 19(1)
