Case Note & Summary
The petitioner, Deepak Vasant Gahane, challenged an externment order passed by the Sub-Divisional Magistrate, Arjuni Morgaon, dated 11.01.2021, which was confirmed by the Divisional Commissioner, Nagpur, on 23.02.2021. The externment order directed the petitioner to be externed from District Gondia for six months under Section 56(a) and (b) of the Maharashtra Police Act, 1951. The police had initiated the proposal based on four registered offences against the petitioner relating to illegal theft of sand and attack on a government employee. The petitioner appeared before the Sub-Divisional Magistrate on multiple dates with his advocate and made oral submissions. Despite this, the externment order was passed. The petitioner then filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Nagpur Bench. The High Court examined the order and found that the Sub-Divisional Magistrate had not recorded any satisfaction that externment was necessary or that less drastic measures would not be sufficient. The court noted that the order merely reproduced the police proposal and did not reflect any independent application of mind. The court held that the authority must consider whether other measures like binding over or taking security would be adequate before resorting to externment. Since the order failed to show such consideration, it was quashed and set aside. The court allowed the petition and directed the respondents to pass a fresh order after considering the necessity of externment in light of the legal requirements.
Headnote
A) Maharashtra Police Act - Externment - Section 56(a) and (b) - Requirement of Subjective Satisfaction - The authority must consider whether less drastic measures are adequate before ordering externment - The order was quashed as the Sub-Divisional Magistrate did not apply his mind to the necessity of externment and merely relied on the police proposal without independent satisfaction (Paras 7-8).
Issue of Consideration
Whether the externment order passed under Section 56(a) and (b) of the Maharashtra Police Act, 1951 is sustainable when the authority failed to consider whether less drastic measures would suffice.
Final Decision
The petition is allowed. The order dated 11.01.2021 passed by the Sub-Divisional Magistrate, Arjuni Morgaon, and the order dated 23.02.2021 passed by the Divisional Commissioner, Nagpur, are quashed and set aside. The respondents are directed to pass a fresh order after considering the necessity of externment in light of the legal requirements.
Law Points
- Externment order must be based on material showing that less drastic measures are inadequate
- Non-application of mind by authority
- Requirement of subjective satisfaction based on objective material
