Case Note & Summary
The petitioner, Anil Chabildas Choudhary, an active member of the Rashtravadi Congress Party (NCP) in Bhusawal Municipal Council, challenged the externment order dated 05.12.2011 passed by the Sub-Divisional Magistrate, Bhusawal (respondent no.3) and the appellate order dated 19.04.2012 passed by the Officer on Special Duty (respondent no.2) confirming the externment. The petitioner contended that at the instance of political rivals, certain offences were registered against him, and in 2002, externment proceedings were initiated but dropped due to insufficient grounds. However, fresh proceedings under Section 57 of the Bombay Police Act, 1950 were initiated, leading to the impugned orders externing him from Jalgaon District for two years. The petitioner argued that the orders were based on stale and trivial cases, without proper application of mind, and that the authority failed to consider less drastic remedies. The respondents defended the orders, claiming they were passed after considering the material and following due process. The court analyzed the provisions of Section 57 and held that the externment order must be based on subjective satisfaction that the person is engaged in activities prejudicial to public order. The court found that the impugned orders merely listed criminal cases without establishing a pattern of continuous harmful activity, indicating non-application of mind. Consequently, the court quashed the orders and allowed the petition.
Headnote
A) Bombay Police Act - Externment - Section 57 - Subjective Satisfaction - The externment order under Section 57 of the Bombay Police Act, 1950 must be based on the subjective satisfaction of the authority that the person is engaged in activities prejudicial to public order. Mere registration of criminal cases, without evidence of continuous harmful activity, does not justify externment. The court held that the impugned orders suffered from non-application of mind and lack of subjective satisfaction, and thus quashed them. (Paras 1-10) B) Constitutional Law - Preventive Detention - Articles 14, 21, 226, 227 - The court, exercising writ jurisdiction under Articles 226 and 227 of the Constitution of India, can interfere with externment orders if they are arbitrary, unreasonable, or passed without proper application of mind. The court held that the orders violated the petitioner's fundamental rights under Articles 14 and 21. (Paras 1-10)
Issue of Consideration
Whether the externment order passed under Section 57 of the Bombay Police Act, 1950 is valid when based solely on registration of criminal cases without proper application of mind and subjective satisfaction.
Final Decision
The court quashed the impugned orders dated 05.12.2011 and 19.04.2012 and allowed the petition.
Law Points
- Externment order must be based on subjective satisfaction of the authority
- mere registration of cases is insufficient
- non-application of mind vitiates the order
- requirement of considering less drastic remedies
