Case Note & Summary
The petitioner, Mahavir Saremal Jain, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an externment order dated 05-06-2012 passed by the Deputy Commissioner of Police, Zone-2, Mumbai, under Section 56 of the Bombay Police Act, 1951. The order externed the petitioner from the districts of Brihan Mumbai (Greater Mumbai), Navi Mumbai, Thane, and Raigad for a period of one year. The petitioner also challenged the appellate order dated 31-08-2012 passed by the Principal Secretary, Home Ministry, Maharashtra, which dismissed his appeal. The petitioner contended that the externment order was passed in violation of principles of natural justice as he was not supplied with the documents relied upon by the authority and was not given sufficient time to make a representation. The facts reveal that on 15-03-2012, the petitioner was called by the Assistant Commissioner of Police and handed over an order directing him to furnish surety, which he did. On 25-04-2012, he received a notice from the Deputy Commissioner of Police directing him to appear on 26-04-2012. The petitioner made a written representation on 03-04-2012. The externment order was passed on 05-06-2012. The court examined the provisions of Section 59 of the Bombay Police Act, 1951, which requires that before passing an externment order, the authority must supply the person with the documents relied upon and give him a reasonable opportunity of being heard. The court found that the petitioner was not supplied with the documents and was given only one day to appear, which was insufficient. The court held that the failure to comply with Section 59 vitiated the externment order. The court also noted that the appellate authority did not properly consider these violations. Consequently, the court quashed both the externment order and the appellate order, allowing the petition. The court directed that the rule be made absolute and the petition be allowed.
Headnote
A) Bombay Police Act - Externment - Section 56 - Validity of Externment Order - The petitioner challenged an externment order passed under Section 56 of the Bombay Police Act, 1951, externing him from Brihan Mumbai, Navi Mumbai, Thane and Raigad for one year. The court held that the order was vitiated due to non-compliance with Section 59 of the Act, which mandates that the externee be supplied with the documents relied upon and be given a reasonable opportunity of being heard. The court found that the petitioner was not supplied with the documents and was given only one day to appear, which was insufficient. The externment order and the appellate order were quashed. (Paras 2-10) B) Bombay Police Act - Externment - Section 59 - Principles of Natural Justice - The court emphasized that Section 59 of the Bombay Police Act, 1951 requires the authority to supply copies of the documents relied upon to the person against whom the externment order is proposed. Failure to do so renders the proceedings invalid. The court also noted that the petitioner was not given sufficient time to prepare his defence, as he was called on 26-04-2012 and the order was passed on 05-06-2012, but the notice was served only on 25-04-2012. This violated the principles of natural justice. (Paras 5-10) C) Bombay Police Act - Externment - Section 56 - Subjective Satisfaction - The court observed that the externment order must be based on the subjective satisfaction of the authority, but such satisfaction must be based on material that is disclosed to the externee. In this case, the petitioner was not supplied with the documents, and therefore the subjective satisfaction was not properly arrived at. The court quashed the order. (Paras 8-10)
Issue of Consideration
Whether the externment order passed under Section 56 of the Bombay Police Act, 1951 is valid when the petitioner was not supplied with the documents relied upon and was not given sufficient time to make representation, thereby violating principles of natural justice.
Final Decision
The court quashed the externment order dated 05-06-2012 passed by the Deputy Commissioner of Police, Zone-2, Mumbai, and the appellate order dated 31-08-2012 passed by the Principal Secretary, Home Ministry, Maharashtra. The petition was allowed. Rule made absolute.
Law Points
- Externment order must be based on subjective satisfaction of the authority
- documents relied upon must be supplied to the externee
- sufficient opportunity of hearing must be given
- Section 59 of Bombay Police Act
- 1951 requires compliance with principles of natural justice
