Case Note & Summary
The petitioner, Ganesh Sudhir Kharade, a resident of Kaij, District Beed, challenged an externment order passed by the Superintendent of Police, Beed, on 5.4.2019, confirmed by the Additional Commissioner, Beed, in proceeding no. LCB/MPAS55/1138/2019, whereby he was externed for a period of one year from District Beed. The petitioner received a show cause notice dated 28.3.2019 from the Sub Divisional Officer, Kaij, alleging that five offences under the Maharashtra Prevention of Gambling Act were registered against him in 2018. The details of the offences were: Crime No. 614/2018 (convicted with fine of Rs. 900), 615/2018 (pending), 616/2018 (convicted with fine of Rs. 900), 333/2018 (pending), 375/2018 (pending), and 426/2018 (pending). The notice further alleged that due to the petitioner's criminal activities, the common public was being looted and he had created an atmosphere of terror and fear. The petitioner was called upon to show cause why he should not be externed. The petitioner filed a writ petition challenging the externment order. The court observed that all the offences were under Section 12(a) of the Maharashtra Prevention of Gambling Act, which are minor in nature. The court noted that the petitioner had been convicted in two cases with a fine of Rs. 900 each, and the other cases were pending. The court held that these offences do not indicate that the petitioner is a habitual offender or that his presence is dangerous to the public order. The court found that the externment order was disproportionate and not justified. The court quashed the externment order and set aside the confirmation order. The court allowed the petition and made the rule absolute.
Headnote
A) Criminal Law - Externment - Maharashtra Police Act, 1951 - Section 56 - Externment order based on five offences under Maharashtra Prevention of Gambling Act, 1887 - Held that the offences are minor and do not indicate that the petitioner is a habitual offender or a threat to public order; externment order quashed as disproportionate (Paras 2-8). B) Criminal Law - Externment - Proportionality - Maharashtra Police Act, 1951 - Section 56 - Externment for one year from entire district for minor gambling offences - Held that the order is disproportionate and not justified by the nature of offences (Paras 6-8).
Issue of Consideration
Whether an externment order passed under the Maharashtra Police Act based on offences under the Maharashtra Prevention of Gambling Act is sustainable when the offences are minor and do not indicate a threat to public order.
Final Decision
The court allowed the petition, quashed the externment order dated 5.4.2019 passed by the Superintendent of Police, Beed, and set aside the confirmation order by the Additional Commissioner, Beed. Rule made absolute.
Law Points
- Externment order under Maharashtra Police Act must be based on grave and persistent criminal activity
- not minor offences
- mere registration of offences under Maharashtra Prevention of Gambling Act does not justify externment
- externment order must be proportionate to alleged criminal activity
- show cause notice must contain specific allegations of danger to public order.
