Case Note & Summary
The case involved a Criminal Writ Petition under Article 226 of the Constitution of India filed by two sweepers, Balram and Kunal, challenging their externment for two years from Akola District. The externment was ordered under Section 55 of the Maharashtra Police Act, 1951 by the Sub-Divisional Police Officer on 02-10-2020 and confirmed by the Divisional Commissioner on 15-12-2020. The show-cause notices issued to the petitioners on 17-09-2020 and 18-09-2020 merely listed certain criminal cases against them and required them to show cause against externment, but made no mention of any gang or their membership or movement as a gang. The petitioners filed responses. However, the externment order dated 02-10-2020 stated that the petitioners were members and leaders of a gang and referred to their movement and encamping as a gang. The petitioners contended that the externing authority relied on material not disclosed in the show-cause notices, thereby violating principles of natural justice and Section 59 of the Act. They also argued that the FIRs cited showed involvement of other persons, yet only they were singled out for externment, rendering the order discriminatory and arbitrary. The State defended the orders by pointing to Section 59 which requires only general nature of material allegations to be disclosed, and that reference to Section 55 in the notices should have alerted the petitioners that they were being treated as gang members. The High Court rejected this defense, holding that the show-cause notices did not even generally indicate the existence of a gang or the petitioners’ role in it, and mere reference to a legal provision cannot substitute for notice of facts. The Court found a clear variance between the allegations in the show-cause notices and the final order, which deprived the petitioners of reasonable opportunity to explain, amounting to breach of Section 59 and natural justice. It relied on Mohan Damodar Raut v. State of Maharashtra, Criminal Writ Petition No.612/2020 decided on 04-02-2021 and Munaf Samshuddin Shaikh v. Deputy Commissioner of Police, 2014 All MR(Cri) 2422. Additionally, the Court held that the selective externment of only two petitioners without any explanation, when FIRs showed involvement of more persons, was arbitrary and violative of Article 14. It followed Vijay Lalso Jadhav v. State of Maharashtra, 2014 (1) Mh.L.J. (Cri) 457 and Ahammad Mainuddin Shaikh v. State of Maharashtra, 2014(1) Mh.L.J. (Cri) 231. Consequently, the impugned externment orders were quashed and set aside. The rule was made absolute with no order as to costs.
Headnote
A) Externment Law - Natural Justice - Externment order passed on material not disclosed in show-cause notice violates principles of natural justice - Maharashtra Police Act, 1951, Sections 55 and 59 - The externment order mentioned that petitioners were gang members/leaders and moved as a gang, but the show-cause notices omitted these allegations entirely. The court held that the externing authority relied on undisclosed material, depriving petitioners of opportunity to explain, violating Section 59 and natural justice. Held, externment order set aside (Paras 4-8). B) Externment Law - Arbitrary Exercise of Power - Selective externment of only some gang members without justification renders order arbitrary and liable to be set aside - Maharashtra Police Act, 1951, Section 55 - The FIRs showed involvement of multiple persons beyond the petitioners, yet only petitioners were externed. No explanation was provided for singling them out. The court, relying on precedents, held this selective exercise of power vitiated the order. Held, externment order quashed (Paras 10-11).
Issue of Consideration
Whether the externment orders passed under Section 55 of the Maharashtra Police Act, 1951 against the petitioners are sustainable in law when the show-cause notices did not contain allegations of gang membership and when only the petitioners were singled out for externment despite involvement of other persons in the FIRs?
Final Decision
Rule made absolute; impugned externment orders dated 02-10-2020 and 15-12-2020 quashed and set aside; no order as to costs.
Law Points
- Externment order based on material not disclosed in show-cause notice violates Section 59 of Maharashtra Police Act
- 1951 and principles of natural justice
- Selective externment of some gang members without explanation is arbitrary and illegal.
