Case Note & Summary
The petitioner, Dnyaneshwar Sopan Gite, a resident of Andrud, Tahsil Bhoom, District Osmanabad, and a member of the Zilla Parishad, challenged an externment order dated 11.1.2019 passed by the Sub-Divisional Magistrate, Bhoom, under Section 56 of the Maharashtra Police Act, 1951. The order externed him from the entire Osmanabad district, Jamkhed tahsil of Ahmednagar, Barshi and Karmala tahsils of Solapur, and Beed and Patoda tahsils of Beed district for a period of two years. The petitioner also challenged the appellate order of the Divisional Commissioner, Aurangabad, which confirmed the externment. The court examined the show cause notice and the material on record. It found that the show cause notice did not contain specific details of the incidents alleged against the petitioner, such as dates, places, or particulars of the alleged dangerous activities. The notice merely contained vague allegations that the petitioner was a dangerous person and that his presence was likely to cause danger to person or property. The court held that such a vague notice did not comply with the requirements of Section 56 of the Maharashtra Police Act, 1951, which mandates that the authority must have credible material to form an opinion that the person is likely to cause danger. The court also noted that the appellate authority had not properly considered the grounds raised in the appeal and had mechanically affirmed the externment order. Consequently, the court quashed both the externment order and the appellate order, allowing the writ petition.
Headnote
A) Criminal Law - Externment - Section 56 of Maharashtra Police Act, 1951 - Validity of Externment Order - The petitioner, a Zilla Parishad member, was externed from several districts for two years based on allegations of being a dangerous person. The court held that the externment order was not sustainable as the show cause notice did not contain specific details of incidents and the material relied upon was vague and insufficient. The court emphasized that externment is a drastic measure and must be based on credible material showing that the person is likely to cause danger to person or property. (Paras 1-10) B) Criminal Law - Externment - Section 56 of Maharashtra Police Act, 1951 - Show Cause Notice - The show cause notice must contain precise details of the incidents alleged against the person sought to be externed. In this case, the notice merely referred to general allegations without specifying dates, places, or particulars of the incidents, rendering the notice defective. (Paras 5-7) C) Criminal Law - Externment - Section 56 of Maharashtra Police Act, 1951 - Appellate Order - The Divisional Commissioner, while disposing of the appeal, failed to consider the specific grounds raised by the petitioner and merely affirmed the externment order without proper application of mind. The appellate order was also set aside. (Paras 8-10)
Issue of Consideration
Whether the externment order passed under Section 56 of the Maharashtra Police Act, 1951 was valid and sustainable in law.
Final Decision
The court allowed the writ petition, quashing the externment order dated 11.1.2019 passed by the Sub-Divisional Magistrate, Bhoom, and the appellate order of the Divisional Commissioner, Aurangabad.
Law Points
- Externment order must be based on credible material and not merely on subjective satisfaction
- Compliance with Section 56 of Maharashtra Police Act
- 1951 requires specific allegations of danger to person or property
- Show cause notice must contain precise details of incidents
- Appellate authority must consider all grounds raised in appeal
