Case Note & Summary
The petitioner, Rahul alias Pintu alias Kalu S/o Laxman Nikose, challenged an externment order dated 16.03.2019 passed by the Deputy Commissioner of Police, Zone-5, Nagpur City, under Section 56(1)(b) of the Maharashtra Police Act, 1951, directing his externment from Nagpur city and district for 1½ years. The petitioner was a 24-year-old labourer residing in Nagpur. The Assistant Commissioner of Police, Kamptee Division, conducted an enquiry and submitted a proposal for externment. A notice under Section 59 of the Act was issued on 15.12.2018, listing six offences registered against the petitioner under various provisions of the Indian Penal Code, along with references to prohibitory orders and in-camera statements of witnesses. The petitioner submitted his explanation. The Deputy Commissioner of Police passed the externment order. The petitioner contended that the externing authority did not independently apply its mind to the in-camera statements and other material, and merely relied on the proposal. The court examined the order and found that the authority had not considered the contents of the in-camera statements or formed its own satisfaction regarding the unwillingness of witnesses. The court held that the order was passed without application of mind and was therefore unsustainable. The court quashed the externment order and allowed the petition. The court emphasized that the authority must independently assess the material, especially the in-camera statements, and cannot delegate its duty to apply its mind.
Headnote
A) Criminal Law - Externment - Section 56(1)(b) Maharashtra Police Act, 1951 - Application of Mind - The externing authority must independently assess the in-camera statements and other material, and not merely rely on the proposal submitted by the subordinate officer. Failure to do so vitiates the order. (Paras 5-7)
B) Criminal Law - Externment - Section 56(1)(b) Maharashtra Police Act, 1951 - In-camera Statements - The authority must consider the contents of in-camera statements and form its own satisfaction regarding the unwillingness of witnesses to come forward. Mere reference to such statements in the notice is insufficient. (Paras 5-7)
C) Criminal Law - Externment - Section 56(1)(b) Maharashtra Police Act, 1951 - Delegation of Powers - Delegation of power to the Deputy Commissioner of Police does not permit him to abdicate his duty to apply his mind to the material. The order must reflect independent satisfaction. (Paras 5-7)
Issue of Consideration
Whether the externment order passed under Section 56(1)(b) of the Maharashtra Police Act, 1951 is valid when the externing authority failed to independently apply its mind to the in-camera statements and other material on record.
Final Decision
The court allowed the petition and quashed the externment order dated 16.03.2019 passed by the Deputy Commissioner of Police, Zone-5, Nagpur City, under Section 56(1)(b) of the Maharashtra Police Act, 1951.
Law Points
- Externment order under Section 56(1)(b) of Maharashtra Police Act
- 1951 requires independent application of mind by the externing authority
- In-camera statements must be considered and assessed by the authority
- Delegation of power does not absolve the authority from applying its mind to the material on record
Case Details
2020 LawText (BOM) (01) 157
Criminal Writ Petition No. 473 of 2019
Sunil B. Shukre, Milind N. Jadhav
Shri R. M. Patwardhan for petitioner, Shri S. D. Sonak, A.G.P. for respondent nos. 1 and 2
Rahul alias Pintu alias Kalu S/o. Laxman Nikose
State of Maharashtra through Secretary, Home Department, Mumbai and Deputy Commissioner of Police, Zone-5, Nagpur City, Nagpur
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Nature of Litigation
Criminal writ petition challenging an externment order passed under Section 56(1)(b) of the Maharashtra Police Act, 1951.
Remedy Sought
Petitioner sought quashing of the externment order dated 16.03.2019 passed by the Deputy Commissioner of Police, Zone-5, Nagpur City.
Filing Reason
The petitioner was externed from Nagpur city and district for 1½ years based on six registered offences and in-camera statements, but the externing authority failed to independently apply its mind to the material.
Previous Decisions
The Deputy Commissioner of Police passed the externment order on 16.03.2019 after a notice under Section 59 of the Act was issued on 15.12.2018 and the petitioner submitted his explanation.
Issues
Whether the externment order under Section 56(1)(b) of the Maharashtra Police Act, 1951 is valid when the externing authority did not independently apply its mind to the in-camera statements and other material on record.
Submissions/Arguments
Petitioner argued that the externing authority did not independently apply its mind to the in-camera statements and merely relied on the proposal submitted by the Assistant Commissioner of Police.
Respondent State argued that the order was passed after due consideration of the material and in accordance with law.
Ratio Decidendi
The externing authority under Section 56(1)(b) of the Maharashtra Police Act, 1951 must independently apply its mind to the in-camera statements and other material on record, and cannot merely rely on the proposal submitted by a subordinate officer. Failure to do so vitiates the externment order.
Judgment Excerpts
In the present case, in respect of action to be initiated under Section 56(1)(b) of the Act of 1951, respondent no. 1-State has delegated the powers to the Commissioner of Police, Nagpur City, Nagpur and further the Commissioner of Police, Nagpur City, Nagpur has delegated the powers to respondent no. 2 i.e. Deputy Commissioner of Police, Zone-5, Nagpur City, Nagpur.
The said notice discloses a list of offences registered against the petitioner, action initiated in the matters and pendency of cases against the petitioner in Court.
In all, there were six offences registered against the petitioner under various provisions of the Indian Penal Code.
Procedural History
The Assistant Commissioner of Police, Kamptee Division, Nagpur conducted an enquiry and submitted a proposal to extern the petitioner. A notice under Section 59 of the Maharashtra Police Act, 1951 was issued on 15.12.2018. The petitioner submitted his explanation. The Deputy Commissioner of Police, Zone-5, Nagpur City passed the externment order on 16.03.2019. The petitioner filed Criminal Writ Petition No. 473 of 2019 before the Bombay High Court, Nagpur Bench, challenging the order.
Acts & Sections
- Maharashtra Police Act, 1951: 56(1)(b), 59
- Indian Penal Code, 1860: Chapters XII, XVI, XVII
