Case Note & Summary
The petitioner, Deepak Kailas Aglave, challenged the externment order dated 19.03.2024 passed by the Sub Divisional Magistrate, Parbhani, and the appellate order dated 28.05.2024 passed by the Divisional Commissioner, Chhatrapati Sambhajinagar, under Section 56 of the Maharashtra Police Act, 1951. The externment order directed the petitioner to remove himself from Parbhani District for a period. The petitioner had five criminal cases registered against him between 2016 and 2022, all within the jurisdiction of Navamondha Police Station. The petitioner was acquitted in one chapter case. The externment proposal was initiated based on these crimes and camera statements of two witnesses. The petitioner contended that the orders were mechanical, lacked subjective satisfaction, and violated principles of natural justice. He argued that there was no live link between the crimes and the proceedings, the show cause notice did not mention that witnesses were unwilling to come forward, and the externment from the entire district was excessive. The State argued that the petitioner's repeated involvement created terror and that the authority had sufficient objective material. The court examined the record and found that the statements of camera witnesses were not verified by the authority, and the show cause notice did not disclose the unwillingness of witnesses. The court held that the externment order was not based on proper subjective satisfaction and lacked a live link. The court quashed both the externment order and the appellate order, allowing the petition.
Headnote
A) Maharashtra Police Act - Externment - Section 56 - Subjective Satisfaction - The externment order must be based on subjective satisfaction derived from objective material. The authority must personally verify the correctness of camera statements and form an opinion about the unwillingness of witnesses to come forward. In this case, the authority failed to do so, rendering the order invalid. (Paras 9-12) B) Maharashtra Police Act - Show Cause Notice - Section 59 - General Nature of Allegations - The show cause notice must disclose the fact that witnesses are not willing to come forward to give evidence in public due to apprehension for their safety. Failure to mention this invalidates the notice. (Paras 10-11) C) Maharashtra Police Act - Externment - Live Link - There must be a live link and proximity between the crimes registered and the initiation of externment proceedings. Abnormal delay in passing the order from the last offence renders the order unsustainable. (Para 12e) D) Maharashtra Police Act - Externment - Excessive Area - Externment from the entire district without assigning reasons for extending beyond the area of operation is excessive and invalid. The authority must justify the territorial extent of the order. (Para 12h)
Issue of Consideration
Whether the externment order passed under Section 56 of the Maharashtra Police Act, 1951 and the appellate order confirming it are valid and sustainable in law.
Final Decision
The petition is allowed. The externment order dated 19.03.2024 passed by Sub Divisional Magistrate, Parbhani and the appellate order dated 28.05.2024 passed by Divisional Commissioner, Chhatrapati Sambhajinagar are quashed and set aside. Rule is made absolute.
Law Points
- Externment order must be based on subjective satisfaction from objective material
- Show cause notice must disclose that witnesses are unwilling to come forward
- There must be live link between crimes and externment proceedings
- Authority must verify camera statements
- Externment from entire district without reasons is excessive
