Case Note & Summary
The petitioners, Bhagwat Dadasaheb Landge and Sagar Nivrutti Lute, challenged their externment from District Ahmednagar for two years under Section 56 of the Maharashtra Police Act, 1951. The externment order was passed by the Sub Divisional Police Officer, Shirdi, on 27.04.2019 and confirmed by the Divisional Commissioner, Nashik, on 24.01.2020. The petitioners, a social worker and a municipal councilor, were alleged to be leaders of a gang involved in criminal activities, with six registered offenses. The court found that the show cause notice did not specify the area of operation, and the authority did not consider the petitioners' explanation. The material relied upon was insufficient and the order was disproportionate. The High Court quashed the externment order and the appellate order, allowing the writ petition.
Headnote
A) Criminal Law - Externment - Section 56 of Maharashtra Police Act, 1951 - Validity of Externment Order - The court examined whether the externment order was based on sufficient material and whether procedural safeguards were followed. Held that the show cause notice did not specify the area of operation and the order was passed without considering the petitioners' explanation, rendering it unsustainable. (Paras 1-10) B) Criminal Law - Externment - Section 56 of Maharashtra Police Act, 1951 - Requirement of Material - The court held that the externment order must be based on credible material and not merely on allegations. The authority must apply its mind to the material on record. In this case, the material was insufficient and the order was set aside. (Paras 5-10) C) Criminal Law - Externment - Section 56 of Maharashtra Police Act, 1951 - Proportionality - The court observed that the externment order for two years was excessive and disproportionate to the alleged activities. The order was quashed. (Paras 8-10)
Issue of Consideration
Whether the externment order passed against the petitioners under Section 56 of the Maharashtra Police Act, 1951 is sustainable in law and on facts.
Final Decision
The High Court allowed the writ petition, quashing the externment order dated 27.04.2019 and the appellate order dated 24.01.2020.
Law Points
- Externment order must be based on credible material
- not mere allegations
- Show cause notice must specify the nature of activities and the area of operation
- The authority must consider the explanation of the proposed externee
- The order must be proportionate and not excessive
- The appellate authority must independently assess the evidence.
