Case Note & Summary
The judgment concerns multiple criminal writ petitions filed by individuals challenging externment orders passed against them under Section 56 of the Bombay Police Act, 1951. The petitioners, residents of Simplex Building in Mumbai, were externed from the Brihan Mumbai area for varying periods. The common ground of challenge was that the externment orders were based on insufficient and stale material, and that the petitioners were not supplied with copies of the in-camera statements or other documents relied upon by the externing authority, thereby violating principles of natural justice. The court examined the records and found that the externment orders were passed without proper application of mind. The material relied upon consisted of vague allegations and old incidents, which did not justify the subjective satisfaction that the petitioners were likely to commit offences. The court held that the failure to supply the relied-upon documents to the petitioners vitiated the orders. Consequently, the court allowed the petitions, quashed the externment orders, and directed that the petitioners be allowed to return to their places of residence.
Headnote
A) Bombay Police Act - Externment - Section 56 - Validity of Externment Order - Externment order must be based on credible material and not on mere suspicion or stale incidents - Held that the orders were passed without proper application of mind and without supplying relevant documents, thus violative of principles of natural justice (Paras 5-10). B) Natural Justice - Right to Hearing - Supply of Documents - Failure to supply documents relied upon by the authority vitiates the externment order - Held that the petitioners were not given copies of the in-camera statements or other material, rendering the orders unsustainable (Paras 7-9). C) Bombay Police Act - Section 56 - Subjective Satisfaction - The subjective satisfaction of the externing authority must be based on objective material - Held that the material on record did not justify the satisfaction that the petitioners were likely to commit offences (Paras 6-8).
Issue of Consideration
Whether the externment orders passed under Section 56 of the Bombay Police Act, 1951 were valid when based on insufficient material and without supplying relevant documents to the externees.
Final Decision
The court allowed the petitions, quashed the externment orders, and directed that the petitioners be allowed to return to their places of residence.
Law Points
- Externment order must be based on credible material
- not mere suspicion
- failure to supply relied-upon documents violates natural justice
- externment cannot be based on stale or trivial incidents
- subjective satisfaction of authority must be based on objective material.
