Case Note & Summary
The petitioner, Sukhdev Dada Wagh, a resident of Kokamthan, Kopargaon, Ahmednagar, was issued a notice by the Sub-Divisional Police Officer on 15th April 2009 to show cause why he should not be externed from the boundaries of Aurangabad, Nashik, and Ahmednagar districts. After the petitioner filed a reply, the Sub-Divisional Magistrate (respondent no.2) passed an externment order on 24th December 2009 under Section 56(1)(a)(b) of the Bombay Police Act, 1951, directing the petitioner not to enter the said districts for one year. Aggrieved, the petitioner appealed under Section 60 of the Act before the Principal Secretary (Appeals & Hearing), Home Department (respondent no.1), who dismissed the appeal on 20th April 2010, confirming the externment order. The petitioner then filed a Criminal Writ Petition under Article 227 of the Constitution of India seeking quashment of both orders. The petitioner argued that the externment order was passed without application of mind, as the four offences cited were either disposed of or resulted in acquittal, and there was no material to show that he was likely to commit offences again. The State opposed the petition. The High Court examined the externment order and found that it merely listed four offences without considering their nature, outcome, or whether externment was necessary. The court held that the authority did not apply its mind to the requirement of subjective satisfaction under Section 56(1). The appellate authority also failed to independently assess the matter. Consequently, the court quashed both the externment order dated 24th December 2009 and the appellate order dated 20th April 2010, allowing the petition.
Headnote
A) Criminal Law - Externment - Section 56(1)(a)(b) Bombay Police Act, 1951 - Subjective Satisfaction - The externment order was quashed as the authority failed to apply its mind to the nature of offences, their outcome, and whether externment was necessary to prevent future offences. The court held that mere registration of four offences, without considering their disposal or acquittal, does not justify externment (Paras 7-8). B) Criminal Law - Externment - Appellate Authority - Section 60 Bombay Police Act, 1951 - Non-Application of Mind - The appellate authority merely confirmed the externment order without independent application of mind, rendering the order unsustainable (Para 8).
Issue of Consideration
Whether the externment order passed under Section 56(1)(a)(b) of the Bombay Police Act, 1951 and confirmed by the appellate authority is sustainable in law.
Final Decision
The petition is allowed. The impugned order dated 24th December, 2009 passed by respondent no.2 and the order dated 20th April, 2010 passed by respondent no.1 are quashed and set aside. Rule is made absolute accordingly.
Law Points
- Externment order under Section 56(1) of Bombay Police Act
- 1951 requires subjective satisfaction based on material showing that the person is likely to commit offences again
- mere registration of offences without considering their nature
- outcome
- and necessity of externment is insufficient
- appellate authority must apply its mind independently.
