Case Note & Summary
The petitioner, Hanuman Rajaram Mhatre, a resident of Dombivli, Thane, challenged the externment order passed by the Deputy Commissioner of Police, Zone III, Kalyan, which directed his externment from Mumbai Suburbs, New Mumbai, Thane, and Raigarh districts for two years. The order was based on a show cause notice dated 4 January 2012 issued under Section 59 of the Bombay Police Act, 1951, alleging that the petitioner's acts created alarm or danger to the safety of person or property due to offences under Chapters 16 and 17 of the Indian Penal Code. The petitioner appeared and examined himself and one witness in defence. The externment order was passed on 10 April 2012, and his appeal to the Secretary, Home Department, Government of Maharashtra, was rejected on 15 October 2012. The petitioner contended that he was a law-abiding citizen and that the show cause notice was vague and did not specify the particulars of the offences or the witnesses. The High Court, exercising its writ jurisdiction, examined the notice and found that it merely mentioned the chapters of IPC without detailing the specific offences or the evidence against the petitioner. The court held that such a defective notice violated the principles of natural justice and the requirements of Section 59 of the Bombay Police Act, 1951. Consequently, the court quashed the show cause notice, the externment order, and the appellate order, allowing the writ petition.
Headnote
A) Criminal Law - Externment - Show Cause Notice - Section 59 Bombay Police Act, 1951 - The show cause notice must contain sufficient particulars of the alleged offences and the witnesses to enable the person to effectively defend himself - In the present case, the notice merely referred to offences under Chapters 16 and 17 IPC without specifying the details, and the externment order was based on such defective notice - Held that the notice and order were invalid and liable to be quashed (Paras 2-3).
Issue of Consideration
Whether the show cause notice and externment order under the Bombay Police Act, 1951 were valid and complied with the requirements of Section 59 of the Act.
Final Decision
The High Court allowed the writ petition, quashing the show cause notice dated 4-1-2012, the externment order dated 10-4-2012, and the appellate order dated 15-10-2012.
Law Points
- Externment order must be based on proper show cause notice specifying particulars of offences and witnesses
- Section 59 Bombay Police Act
- 1951
- Natural justice
- Quashing of externment order
Case Details
2013 LawText (BOM) (01) 79
Cri. Writ Petition No. 3858 of 2012
Ms. Pratibha Borade i/by Mr. A.S. Rao for the Petitioner, Mr. V.B. Konde-Deshmukh, APP for the Respondent State
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Nature of Litigation
Writ petition challenging externment order under Bombay Police Act, 1951
Remedy Sought
Quashing of show cause notice dated 4-1-2012, externment order dated 10-4-2012, and appellate order dated 15-10-2012
Filing Reason
Petitioner alleged that the show cause notice was vague and did not specify particulars of offences or witnesses, violating natural justice
Previous Decisions
Externment order passed by Deputy Commissioner of Police on 10-4-2012; appeal rejected by Secretary, Home Department on 15-10-2012
Issues
Whether the show cause notice under Section 59 of the Bombay Police Act, 1951 was valid and contained sufficient particulars
Whether the externment order was liable to be quashed for non-compliance with statutory requirements
Submissions/Arguments
Petitioner argued that the show cause notice was vague, merely referring to Chapters 16 and 17 IPC without specifying offences or witnesses, thus violating natural justice
Respondent State argued that the notice and order were valid and based on material showing danger to public safety
Ratio Decidendi
A show cause notice under Section 59 of the Bombay Police Act, 1951 must contain sufficient particulars of the alleged offences and witnesses to enable the person to effectively defend himself; a vague notice referring only to chapters of IPC without specifics violates natural justice and renders the subsequent externment order invalid.
Judgment Excerpts
The show cause notice was issued to the Petitioner on 04-01-2012 under section 59 of the Bombay police Act, calling upon the Petitioner to attend on 12-01-2012 at 11 a.m.
The Deputy Commissioner of Police passed the order of externment on the ground that due to the illegal acts of the petitioner, alarm or danger has been created in the mind of the people in respect of safety of person or property in view of the offences committed by him under the provisions of Chapters 16 and 17 of the Indian Penal Code.
Procedural History
Show cause notice issued on 4-1-2012 under Section 59 Bombay Police Act; petitioner appeared and examined himself and one witness; externment order passed on 10-4-2012; appeal to Secretary, Home Department rejected on 15-10-2012; present writ petition filed in 2012.
Acts & Sections
- Bombay Police Act, 1951: Section 56, Section 59
- Indian Penal Code: Chapters 16 and 17
