Case Note & Summary
The petitioner, Jeetendra Ashok Bhosale, challenged an externment order dated 6 January 2021 passed by the Deputy Commissioner of Police, Zone-IV, Pune City, and the appellate order dated 24 February 2021 passed by the Divisional Commissioner, Pune, which dismissed his appeal under Section 60 of the Maharashtra Police Act, 1951. The petitioner contended that the externment proceedings were based on the same material that had been considered in earlier externment proceedings initiated on 28 May 2019, which were subsequently dropped on 24 January 2020. Despite the dropping of those proceedings, the authorities issued a fresh notice on 3 September 2020 and later on 2 October 2020, relying on the same set of incidents. The petitioner argued that this was impermissible as there was no new material or change in circumstances. The court examined the facts and found that the impugned externment order was indeed based on the same material that had been the subject of the earlier dropped proceedings. The court held that once earlier proceedings are dropped, fresh proceedings cannot be initiated on the same material without any new material or change in circumstances. The court also noted that the incidents relied upon were stale and could not form the basis of an externment order, as the purpose of externment is to prevent imminent danger. Consequently, the court quashed and set aside both the externment order dated 6 January 2021 and the appellate order dated 24 February 2021. The petition was allowed, and rule was made absolute.
Headnote
A) Maharashtra Police Act - Externment - Section 56 - Dropped Proceedings - Fresh Material - The court considered whether an externment order can be passed on the basis of the same material that was earlier considered in proceedings that were dropped. Held that once earlier proceedings are dropped, fresh proceedings cannot be initiated on the same material without any new material or change in circumstances. (Paras 1-9) B) Maharashtra Police Act - Externment - Stale Incidents - Section 56 - The court examined the validity of an externment order based on incidents that were several years old. Held that stale incidents cannot form the basis of an externment order as the purpose of externment is to prevent imminent danger. (Paras 1-9) C) Maharashtra Police Act - Appeal - Section 60 - Appellate Authority - The court noted that the appellate authority dismissed the appeal without properly considering the petitioner's contention regarding reliance on dropped proceedings. Held that the appellate authority must consider all grounds raised by the appellant. (Paras 1-9)
Issue of Consideration
Whether an externment order under the Maharashtra Police Act, 1951 can be sustained when it is based on the same material that was previously considered in earlier externment proceedings which were subsequently dropped.
Final Decision
The court allowed the petition, quashing and setting aside the externment order dated 06/01/2021 and the appellate order dated 24/02/2021. Rule made absolute.
Law Points
- Externment proceedings cannot be based on same material that was earlier dropped
- stale incidents cannot form basis of externment order
- requirement of fresh material for fresh proceedings
