Case Note & Summary
The judgment concerns three criminal writ petitions filed by individuals challenging externment orders passed against them under Section 56 of the Bombay Police Act, 1951. The petitioners, Farhan Nasir Khan, Umesh Nanaji Jugadiya, and Santosh Aaba Nikam along with two others, were externed from various areas by the Special Executive Magistrate or Executive Magistrate. The common ground of challenge was that the externment orders were passed without proper application of mind, without considering less drastic remedies, and without providing adequate opportunity of hearing as required under Section 59 of the Act. The court noted that the authorities had not recorded any subjective satisfaction that the petitioners' activities were such that they needed to be externed, nor had they considered whether binding over the petitioners or taking security for good behavior would suffice. The notices issued to the petitioners did not disclose the material on which the proposed orders were based, thereby violating the principles of natural justice. The court, after hearing the parties, held that the externment orders were unsustainable and set them aside. The petitions were allowed, and the respondents were directed to release the petitioners from the externment orders.
Headnote
A) Criminal Procedure - Externment Orders - Section 56 Bombay Police Act, 1951 - Validity - The court examined whether externment orders were passed without proper application of mind and without considering less drastic remedies. Held that the orders were unsustainable as the authorities failed to record subjective satisfaction and did not consider alternative measures. (Paras 4-6) B) Criminal Procedure - Externment Orders - Section 59 Bombay Police Act, 1951 - Opportunity of Hearing - The court considered whether the petitioners were given adequate opportunity to show cause. Held that the notices did not specify the material on which the orders were based, violating principles of natural justice. (Paras 4-6) C) Criminal Procedure - Externment Orders - Less Drastic Remedies - The court held that before passing an externment order, the authority must consider whether less drastic remedies like binding over under Section 111 Cr.P.C. or taking security for good behavior would suffice. Failure to do so renders the order invalid. (Paras 4-6)
Issue of Consideration
Whether the externment orders passed under Section 56 of the Bombay Police Act, 1951 were valid when the authorities did not apply their mind to the necessity of such orders and did not consider less drastic remedies, and whether the orders were passed in compliance with the principles of natural justice.
Final Decision
The court allowed the petitions and set aside the externment orders. The respondents were directed to release the petitioners from the externment orders.
Law Points
- Externment order must be based on subjective satisfaction of the authority
- less drastic remedies must be considered
- opportunity of hearing must be provided
- Section 59 Bombay Police Act
- 1951
- Section 56 Bombay Police Act
