Case Note & Summary
The petitioners, Mohan Damodar Raut, Dhiraj Damodar Raut, and their father Damodar Kisan Raut, were externed from four districts (Akola, Amravati, Washim, and Yavatmal) for a period of two years by an order dated 12.9.2020 passed by the Superintendent of Police, Akola, under Section 55 of the Maharashtra Police Act. The Divisional Commissioner, Amravati, confirmed the externment in appeal on 22.10.2020. The petitioners challenged both orders in two separate writ petitions, which were heard together. The petitioners contended that the orders were arbitrary and excessive, arguing that there was no material on record to satisfy the essential requirements of Section 55, particularly for a larger externment order. The court, after hearing the parties, found that the material available did not justify the larger externment from four districts. The court noted that the essential requirements for passing an externment order under Section 55 were not met, as there was no evidence to show that the petitioners were moving from place to place and committing offences in other districts. Consequently, the court quashed and set aside the impugned orders, allowing the petitions.
Headnote
A) Maharashtra Police Act - Externment - Section 55 - Larger Externment - The court considered whether the externment orders passed against the petitioners were arbitrary and excessive. The court held that there was no material on record to satisfy the essential requirements of Section 55 of the Maharashtra Police Act, particularly for a larger externment order extending to four districts. The orders were quashed and set aside. (Paras 1-5)
Issue of Consideration
Whether the externment orders passed under Section 55 of the Maharashtra Police Act were arbitrary and excessive for want of material to justify larger externment from four districts.
Final Decision
The court allowed the petitions and quashed and set aside the impugned orders of externment dated 12.9.2020 and 22.10.2020.
Law Points
- Externment order under Section 55 of Maharashtra Police Act requires material to show that the person is moving from place to place and committing offences
- larger externment beyond one district requires additional material
- absence of such material renders order arbitrary and excessive.
Case Details
2021 LawText (BOM) (02) 94
Criminal Writ Petition No.612/2020 and Criminal Writ Petition No.627/2020
Sunil B. Shukre, Avinash G. Gharote
Shri N.T. Gwalwansh h/f Shri S.N. Nandeshwar for petitioners in WP 612/2020; Shri D.S. Patil for petitioner in WP 627/2020; Ms H.N. Jaipurkar, APP for respondents
Mohan S/o Damodar Raut, Dhiraj S/o Damodar Raut, Damodar S/o Kisan Raut
Superintendent of Police, Akola; Sub Divisional Police Officer, Akot; State of Maharashtra; Divisional Commissioner, Amravati
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petitions challenging externment orders under Section 55 of Maharashtra Police Act.
Remedy Sought
Quashing of externment orders dated 12.9.2020 and 22.10.2020.
Filing Reason
Petitioners were externed from four districts for two years; they claimed orders were arbitrary and excessive.
Previous Decisions
Externment order passed by Superintendent of Police, Akola on 12.9.2020; confirmed by Divisional Commissioner, Amravati on 22.10.2020.
Issues
Whether the externment orders under Section 55 of Maharashtra Police Act were arbitrary and excessive.
Whether there was sufficient material to justify larger externment from four districts.
Submissions/Arguments
Petitioners argued that there was no material to satisfy essential requirements of Section 55, especially for larger externment.
Respondents argued in support of the orders.
Ratio Decidendi
An externment order under Section 55 of the Maharashtra Police Act requires material to show that the person is moving from place to place and committing offences; a larger externment order extending to multiple districts requires additional material to justify such expansion. In the absence of such material, the order is arbitrary and excessive.
Judgment Excerpts
the challenge made in each of these petitions is common which is the one against the order of externment passed against all these petitioners by respondent - Superintendent of Police, Akola on 12.9.2020 and the order dated 22.10.2020 of the Divisional Commissioner, Amravati Division, Amravati thereby confirming the externment of these petitioners in appeal for a period of two years from the districts of Akola, Amravati, Washim and Yavatmal.
It is the contention of respective learned counsel for these petitioners that the impugned orders are arbitrary and excessive.
Procedural History
The Superintendent of Police, Akola passed an externment order on 12.9.2020 under Section 55 of Maharashtra Police Act. The petitioners appealed to the Divisional Commissioner, Amravati, who confirmed the order on 22.10.2020. The petitioners then filed two criminal writ petitions before the Bombay High Court, Nagpur Bench, which were heard together and disposed of by this judgment.
Acts & Sections
- Maharashtra Police Act: 55
