Case Note & Summary
The petitioner, Baburao Changa Patil, challenged an externment order passed by the Deputy Commissioner of Police, Zone-I, Thane, under Section 56(1)(a) and (b) of the Bombay Police Act, 1951, which was confirmed by the Appellate Authority (Principal Secretary, Home Department). The petitioner was a resident of Dighar Naka, Village Padle, District Thane. There were five criminal cases pending against him, including offences under the Indian Penal Code such as theft, hurt, extortion, and criminal intimidation, as well as a bond under Section 107 of the Code of Criminal Procedure. On 17 August 2011, a show cause notice was served on the petitioner proposing his externment from Thane, Mumbai, and Raigad districts for two years, alleging that his activities were dangerous to residents and that witnesses were unwilling to come forward due to fear. The notice referred to in-camera statements of two persons recorded before issuing the notice. The petitioner filed a writ petition challenging the externment order and its confirmation in appeal. The main legal issue was whether the externment order was valid when the in-camera statements did not show that witnesses were unwilling to come forward due to fear of the petitioner. The petitioner argued that the in-camera statements did not indicate any unwillingness to depose, and the externment was based on stale cases. The State argued that the order was justified. The court analyzed the in-camera statements and found that they merely narrated incidents but did not state that the witnesses were unwilling to come forward due to fear. The court held that the requirement of Section 56(1)(a) and (b) that witnesses are unwilling to come forward was not satisfied. The court also noted that the pending cases were not sufficient to show that the petitioner's activities were dangerous to the public. The court quashed the externment order and the appellate order, allowing the petition.
Headnote
A) Bombay Police Act - Externment - Section 56(1)(a) and (b) - Validity of Externment Order - The court examined whether the externment order was sustainable when the in-camera statements of two witnesses did not indicate that they were unwilling to come forward to depose due to fear of the petitioner. The court held that the mere recording of in-camera statements without such indication does not satisfy the requirement of Section 56(1)(a) and (b) that witnesses are unwilling to come forward. The externment order was quashed. (Paras 6-10) B) Bombay Police Act - Externment - Section 56(1)(a) and (b) - Requirement of Witness Unwillingness - The court held that for an externment order under Section 56(1)(a) and (b), the externing authority must be satisfied that witnesses are not willing to come forward to depose due to fear of the person sought to be externed. The in-camera statements must reflect such unwillingness. (Paras 6-10) C) Bombay Police Act - Externment - Section 56(1)(a) and (b) - Reliance on Pending Cases - The court held that mere pendency of criminal cases against the petitioner, without evidence that his activities are dangerous to the public or that witnesses are afraid, cannot justify an externment order. (Paras 6-10)
Issue of Consideration
Whether the externment order passed under Section 56(1)(a) and (b) of the Bombay Police Act, 1951 was valid when the in-camera statements did not show that witnesses were unwilling to come forward due to fear of the petitioner.
Final Decision
The court allowed the petition, quashing the externment order dated 17/8/2011 passed by the Deputy Commissioner of Police, Zone-I, Thane, and the appellate order dated 30/11/2011 passed by the Principal Secretary, Home Department, Mantralaya, Mumbai.
Law Points
- Externment order under Section 56(1)(a) and (b) of Bombay Police Act
- 1951 requires satisfaction that witnesses are unwilling to come forward due to fear
- mere recording of in-camera statements without such indication is insufficient
- externment cannot be based solely on pending criminal cases without evidence of terror or danger to public safety.
