Case Note & Summary
The petitioner, Ranjit Kumar Veeran, was a witness in a murder case (C.R. No. 43 of 2017) involving his business partner. Subsequently, he was falsely implicated in multiple cases at the instance of a police officer. On 14 July 2020, the Deputy Commissioner of Police, Zone XII, Mumbai, passed an externment order under Section 56 of the Maharashtra Police Act, 1951, externing the petitioner from Mumbai city for two years. The petitioner challenged this order before the appellate authority, which dismissed the appeal on 12 January 2021. The petitioner then filed a writ petition before the Bombay High Court. The main legal issues were whether the externment order was based on stale incidents and whether the appellate authority had failed to consider the petitioner's written submissions and supply a copy of the order, thereby violating natural justice. The petitioner argued that the incidents relied upon were old and that he had filed written submissions before the appellate authority which were not considered. The State contended that the order was valid. The High Court held that the appellate authority had not considered the written submissions filed by the petitioner and had not supplied a copy of the order, which amounted to a violation of principles of natural justice. The court quashed the externment order and the appellate order, directing the respondents to return the externment bond and security, if any. The court also clarified that the quashing would not prevent the authorities from initiating fresh proceedings in accordance with law.
Headnote
A) Criminal Law - Externment - Maharashtra Police Act, 1951, Section 56 - Appellate Authority's Duty - The appellate authority must consider all material placed before it, including written submissions, and must supply a copy of the order to the appellant. Failure to do so violates principles of natural justice and renders the order unsustainable. (Paras 5-7) B) Criminal Law - Externment - Maharashtra Police Act, 1951, Section 56 - Quashing of Externment Order - Where the externment order is based on stale incidents and the appellate authority fails to consider relevant material, the High Court can quash the order in exercise of its writ jurisdiction. (Paras 5-7)
Issue of Consideration
Whether the externment order passed against the petitioner and the appellate order confirming it are sustainable in law, particularly when the appellate authority failed to consider the petitioner's written submissions and did not supply a copy of the order.
Final Decision
The High Court quashed and set aside the externment order dated 14.07.2020 passed by the Deputy Commissioner of Police, Zone-XII, Mumbai and the appellate order dated 12.01.2021 passed by the appellate authority. The respondents were directed to return the externment bond and security, if any, to the petitioner. The court clarified that the quashing would not prevent the authorities from initiating fresh proceedings in accordance with law.
Law Points
- Externment order
- Natural justice
- Appellate authority duty
- Consideration of written submissions
- Supply of order copy
- Maharashtra Police Act
- 1951
- Section 56
