Case Note & Summary
The petitioner, Babu Hanmanta Marlla @ Kalay, challenged an externment order dated 15.2.2011 passed by the Deputy Commissioner of Police, Zone-IX, Bandra (West), Mumbai under Section 56(1)(a)(b) of the Mumbai Police Act, 1951. The challenge was limited to the ground that no hearing was given to the petitioner prior to passing the order. The Senior PI of Amboli police station had submitted a proposal alleging that the petitioner's activities were injurious to the public in Andheri and Jogeshwari areas, involving assault, extortion, rioting, and offences under Chapters XVI & XVII of IPC, and that victims and witnesses were unwilling to come forward. The court heard rival arguments on 23rd and 25th March 2011 and perused the affidavit of the externing authority. The court found that the petitioner was not given any hearing before the order was passed, which is a clear violation of the principles of natural justice. Consequently, the court quashed and set aside the impugned externment order. The court did not examine other aspects of the case as the petition was allowed solely on this ground.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Section 56(1)(a)(b) Mumbai Police Act, 1951 - Externment order challenged on ground of no hearing - Court held that failure to give hearing before passing externment order violates principles of natural justice and renders the order invalid - Held that the impugned order is quashed and set aside (Paras 1-10).
Issue of Consideration
Whether the externment order passed under Section 56(1)(a)(b) of the Mumbai Police Act, 1951 is liable to be quashed on the ground that no hearing was given to the petitioner prior to passing the order.
Final Decision
The court quashed and set aside the impugned externment order dated 15.2.2011 passed by the Deputy Commissioner of Police, Zone-IX, Bandra (West), Mumbai under Section 56(1)(a)(b) of the Mumbai Police Act, 1951, on the ground that no hearing was given to the petitioner, violating principles of natural justice. Rule made absolute.
Law Points
- Natural justice
- right to be heard
- externment order
- Section 56 Mumbai Police Act
- 1951
- violation of principles of natural justice
- quashing of order
Case Details
2011 LawText (BOM) (04) 77
Criminal Writ Petition No.577 of 2011
Mr.S.V. Marwadi, Advocate i/b. Mr.Vinayak V. Katti, Advocate for the Petitioner; Mr.J.P. Kharge, A.P.P. for the State
Babu Hanmanta Marlla @ Kalay
State of Maharashtra, Deputy Commissioner of Police, Zone9, Bandra, Mumbai
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Nature of Litigation
Criminal Writ Petition challenging an externment order passed under Section 56(1)(a)(b) of the Mumbai Police Act, 1951.
Remedy Sought
Quashing of the externment order dated 15.2.2011 passed by the Deputy Commissioner of Police, Zone-IX, Bandra (West), Mumbai.
Filing Reason
The petitioner alleged that no hearing was given to him prior to passing the externment order, violating principles of natural justice.
Issues
Whether the externment order under Section 56(1)(a)(b) of the Mumbai Police Act, 1951 is liable to be quashed for non-compliance with principles of natural justice, specifically the right to be heard.
Submissions/Arguments
Petitioner argued that no hearing was given before passing the externment order.
State argued through affidavit filed by the externing authority.
Ratio Decidendi
An externment order passed under Section 56(1)(a)(b) of the Mumbai Police Act, 1951 without affording a hearing to the person concerned is in violation of the principles of natural justice and is liable to be quashed.
Judgment Excerpts
Challenge to the said impugned order is only on the limited aspect as to no hearing given to the petitioner prior to passing the said order.
The court found that the petitioner was not given any hearing before the order was passed, which is a clear violation of the principles of natural justice.
Procedural History
The Senior PI of Amboli police station submitted a proposal to the DCP, Zone-IX, Bandra for initiating action under Section 56(1)(a)(b) of the Mumbai Police Act, 1951. The DCP passed the externment order on 15.2.2011. The petitioner filed the present writ petition challenging the order on the ground of no hearing. The court heard arguments on 23rd and 25th March 2011 and pronounced judgment on 6th April 2011.
Acts & Sections
- Mumbai Police Act, 1951: 56(1)(a)(b)
- Indian Penal Code: Chapters XVI & XVII
