Case Note & Summary
The petitioner, Mohammed Alam Ibrahim Shaikh @ Aalu, challenged an externment order passed by the Deputy Commissioner of Police, Thane, under Section 57(a)(i) of the Bombay Police Act, 1951. A show-cause notice dated 2nd October 2002 was issued to the petitioner citing 11 offences registered against him from 1994 to 2002, including one conviction in 1999. The petitioner submitted a reply, but the externment order was passed on 5th April 2004 by Respondent No.1. An appeal was preferred but was dismissed. The petitioner then filed a criminal writ petition before the Bombay High Court. The court examined the show-cause notice and the externment order and found that the authority had not considered the in-camera statements of witnesses, which were not disclosed in the notice. The court also noted that many of the offences were old and stale, and the authority had not applied its mind to the material. The court held that the externment order was unsustainable and quashed it, allowing the petition.
Headnote
A) Criminal Law - Externment - Section 57(a)(i) Bombay Police Act, 1951 - Non-application of mind - The order of externment was quashed as the authority failed to consider the in-camera statements and relied on stale offences without proper application of mind - Held that the externment order was unsustainable (Paras 1-10).
Issue of Consideration
Whether the order of externment passed under Section 57(a)(i) of the Bombay Police Act, 1951 is valid and sustainable in law.
Final Decision
The petition is allowed. The order of externment dated 5th April 2004 passed by Respondent No.1 is quashed and set aside.
Law Points
- Externment order must be based on subjective satisfaction derived from relevant material
- In-camera statements must be considered and disclosed in show-cause notice
- Old and stale offences cannot form basis of externment
- Non-application of mind vitiates externment order
Case Details
2005 LawText (BOM) (08) 76
Criminal Writ Petition No. 1360 of 2004
Shri S.V.Marwadi for the Petitioner; Shri A.S.Gadkari, A.P.P. for the Respondents
Mohammed Alam Ibrahim Shaikh @ Aalu
Shri S.G.Suryavanshi, Deputy Commissioner of Police, Circle-I, Thane; Shri Nandkurmar Chaugule, Assistant Commissioner of Police, Thane Division, Thane; The State of Maharashtra
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Nature of Litigation
Criminal writ petition challenging an externment order passed under Section 57(a)(i) of the Bombay Police Act, 1951.
Remedy Sought
Quashing of the externment order dated 5th April 2004 passed by Respondent No.1.
Filing Reason
The petitioner was externed from Thane district based on 11 offences, but the order was passed without proper application of mind and without considering the petitioner's reply.
Previous Decisions
An appeal against the externment order was preferred by the petitioner but was dismissed.
Issues
Whether the externment order under Section 57(a)(i) of the Bombay Police Act, 1951 was passed with proper application of mind?
Whether the show-cause notice and the order considered the in-camera statements and the petitioner's reply?
Submissions/Arguments
The petitioner argued that the externment order was passed without considering his reply and the in-camera statements.
The respondents contended that the order was based on material and the petitioner's criminal record.
Ratio Decidendi
An externment order under Section 57(a)(i) of the Bombay Police Act, 1951 must be based on subjective satisfaction derived from relevant material, including in-camera statements, and the authority must apply its mind to the facts and the reply of the person sought to be externed. Failure to do so renders the order unsustainable.
Judgment Excerpts
On 28th June 2005, the Counsel appearing for the parties were put to notice that this petition of the year 2004 challenging the order of externment will be heard finally at admission stage.
A show-cause notice dated 2nd October 2002 was issued by the Respondent No.2 to the Petitioner calling upon the Petitioner to show cause as to why he should not be externed under the provisions of section 57(a)(i) of the Bombay Police Act, 1951.
Procedural History
Show-cause notice dated 2nd October 2002 issued to petitioner; reply submitted; externment order passed on 5th April 2004 by Respondent No.1; appeal preferred and dismissed; criminal writ petition filed in 2004; heard finally on 3rd August 2005; judgment delivered on 10th August 2005.
Acts & Sections
- Bombay Police Act, 1951: 57(a)(i)
