Case Note & Summary
The petitioner, Sheikh Hussain @ Sheikh Lakhan Sheikh Ibrahim, a tea stall owner from Chandkha Plot, Akola, challenged an externment order passed by the Sub Divisional Magistrate, Akola (respondent No.2) on 20th August 2010 under Section 56 of the Bombay Police Act, 1951, and the appellate order dated 18th November 2010 confirming it. The petitioner contended that the show cause notice and the order were based on vague material, stale offences from 2007 to 2010, and that the externment from the entire Akola district was excessive given that his alleged activities were confined to a small locality. The court heard arguments from Shri R.R. Dawada for the petitioner and Shri P.V. Bhoyar, Additional Public Prosecutor for the respondents. The court found that the list of offences included minor offences under the Bombay Prohibition Act and other petty matters, most of which were either pending trial or under investigation. The court noted that the notice contained only a vague statement that the petitioner's activities created an atmosphere of danger, without any specific or recent material establishing a live link between the offences and the need for externment. The court also observed that the externment from the entire district was disproportionate to the alleged activities limited to a specific locality. Consequently, the court quashed the externment order and the appellate order, allowing the petition. Rule was made absolute.
Headnote
A) Criminal Law - Externment - Section 56 Bombay Police Act, 1951 - Vague Material - The externment order was challenged on the ground that the material considered by the authorities was vague and lacked a live link between the alleged activities and the necessity of externment. The Court held that the order was based on stale and minor offences, and the vague statement in the notice could not justify externment. (Paras 2-5) B) Criminal Law - Externment - Section 56 Bombay Police Act, 1951 - Excessive Externment - The petitioner was externed from the entire Akola district, whereas the alleged activities were confined to a specific locality (Chandkha Plot, Akola). The Court held that such excessive externment was disproportionate and unsustainable. (Paras 3, 5) C) Criminal Law - Externment - Section 56 Bombay Police Act, 1951 - Live Link - The Court emphasized that there must be a live link between the past offences and the need to extern the person. In this case, the offences were from 2007 to 2010, mostly minor or pending, and did not establish a continuing threat. (Paras 3, 5)
Issue of Consideration
Whether the externment order passed under Section 56 of the Bombay Police Act, 1951 is sustainable when based on vague material, stale offences, and excessive territorial extent.
Final Decision
The petition is allowed. The externment order dated 20th August 2010 passed by respondent No.2 and the appellate order dated 18th November 2010 are quashed and set aside. Rule is made absolute.
Law Points
- Externment order must be based on material showing live link between activities and necessity of externment
- Vague and stale material cannot sustain externment
- Externment should be proportionate to the area of alleged activities
