Case Note & Summary
The petitioners, Mohammad Bin Saeed Bin Kileb and Saeed Bin Mohammad Bin Kileb, filed a criminal writ petition before the Bombay High Court, Bench at Aurangabad, challenging an externment order dated 23rd March 2022 passed by the competent authority under the Maharashtra Police Act, 1951, and confirmed by the appellate authority. The externment proceedings were initiated against six persons, including the petitioners, alleging that petitioner No.1 was the chief of a gang and the others were members. However, the competent authority dropped the proceedings against four of the alleged gang members and passed the externment order only against the two petitioners, without assigning any reason for such selective treatment. The petitioners' counsel argued that this selective approach was impermissible under law. Additionally, the alleged criminal activities of the petitioners were confined to Parbhani district, but they were externed from Parli-Vaijnath and Majalgaon talukas in Beed district, which are adjoining talukas, without any justification. The court, after hearing both sides, found that the selective dropping of proceedings against four co-accused without any reason rendered the externment order unsustainable. The court also noted that the externment from areas beyond the district of alleged activities was not justified. Consequently, the court allowed the writ petition, quashed the impugned externment order dated 23rd March 2022, and set aside the appellate order confirming it. The rule was made absolute.
Headnote
A) Criminal Law - Externment - Maharashtra Police Act, 1951, Sections 56, 57 - Selective Dropping of Proceedings - The externment authority dropped proceedings against four out of six alleged gang members and passed externment order only against the petitioners, without assigning any reason for such selective treatment. Held that such selective approach is not permissible under law and vitiates the externment order (Paras 4-5). B) Criminal Law - Externment - Maharashtra Police Act, 1951, Sections 56, 57 - Territorial Jurisdiction - The alleged criminal activities of the petitioners were restricted to Parbhani district, but they were externed from Parli-Vaijnath and Majalgaon talukas in Beed district, which are adjoining talukas. Held that externment from areas beyond the district of alleged activities without proper justification is unsustainable (Para 4).
Issue of Consideration
Whether the externment order passed against the petitioners is sustainable when the proceedings against four other alleged gang members were dropped without any reason, and whether the externment from adjoining talukas beyond the district of alleged activities is valid.
Final Decision
The writ petition is allowed. The impugned externment order dated 23rd March 2022 passed by the competent authority and confirmed by the appellate authority is quashed and set aside. Rule is made absolute.
Law Points
- Externment order
- Selective dropping of proceedings
- Maharashtra Police Act
- 1951
- Section 56
- Section 57
- Natural justice
- Reasoned order
