Case Note & Summary
The petitioner, Praful Bhausaheb Yadav, a cable operator by profession, filed a writ petition challenging an externment order passed under Section 56(1)(b) of the Bombay Police Act, 1951. The petitioner alleged that Police Inspector Mangalsingh Suryavanshi of Sinnar Police Station harbored a personal grudge against him and initiated false externment proceedings. The petitioner claimed that on 25-12-2010, he went to Vaishnavi Dhaba and witnessed an incident where an unknown man was lying dead. The police inspector abused the petitioner and his friends, and later falsely implicated the petitioner in a murder case. The petitioner was arrested, remanded, and later released on bail on 05-02-2011 by the Sessions Court. On 01-10-2011, a show-cause notice was issued under Section 59 of the Bombay Police Act proposing externment under Section 56(1)(b) from the districts of Nashik, Ahmadnagar, Dhule, and Jalgaon for two years. On 13-04-2012, the Sub-Divisional Magistrate passed the externment order externing the petitioner from Nashik district for two years. The appeal against the order was dismissed by the Principal Secretary (Home). The petitioner then approached the High Court. The court found that the show-cause notice and the externment order suffered from non-application of mind as they relied on stale incidents and did not consider the petitioner's explanation that he was falsely implicated. The court quashed the externment order and allowed the petition.
Headnote
A) Criminal Law - Externment - Bombay Police Act, 1951, Section 56(1)(b) - Validity of Externment Order - The petitioner challenged an externment order passed by the Sub-Divisional Magistrate externing him from Nashik district for two years. The court held that the show-cause notice and the externment order suffered from non-application of mind as they relied on stale incidents and did not consider the petitioner's explanation that he was falsely implicated. The court quashed the order and allowed the petition. (Paras 1-6)
B) Criminal Law - Externment - Bombay Police Act, 1951, Section 56(1)(b) - Requirement of Application of Mind - The court held that the externment order must be based on credible material and the authority must apply its mind to the facts of the case. The show-cause notice must contain specific instances and not be vague. The appellate authority must also consider the grounds raised in the appeal. (Paras 2-6)
Issue of Consideration
Whether the externment order passed under Section 56(1)(b) of the Bombay Police Act, 1951 was valid and based on proper application of mind.
Final Decision
The court allowed the petition and quashed the externment order dated 13-04-2012 passed by the Sub-Divisional Magistrate and the dismissal of appeal by the Principal Secretary (Home).
Law Points
- Externment order must be based on credible material and application of mind
- Stale and irrelevant incidents cannot form basis of externment
- Show-cause notice must contain specific instances and not be vague
- Appellate authority must consider grounds raised in appeal
Case Details
2013 LawText (BOM) (02) 61
Criminal Writ Petition No. 3580 of 2012
Mr. Saurabh Singha i/by Mr. Amin Solkar for the Petitioner, Mr. J.P. Yagnik, A.P.P. for the State
Shri K. K. Pathak, Principal Secretary (Home), State of Maharashtra; Shri Dattarya Borude, SubDivisional Magistrate, Niphad Division; Shri R.N. Hajari, SubDivisional Officer, Niphad Division; The State of Maharashtra
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Nature of Litigation
Criminal writ petition challenging an externment order under the Bombay Police Act, 1951.
Remedy Sought
Quashing of the externment order dated 13-04-2012 passed by the Sub-Divisional Magistrate and the dismissal of appeal by the Principal Secretary (Home).
Filing Reason
The petitioner alleged that the externment proceedings were initiated due to personal grudge and were based on false cases, and that the order suffered from non-application of mind.
Previous Decisions
The Sub-Divisional Magistrate passed the externment order on 13-04-2012 externing the petitioner from Nashik district for two years. The appeal against the order was dismissed by the Principal Secretary (Home).
Issues
Whether the externment order under Section 56(1)(b) of the Bombay Police Act, 1951 was valid and based on proper application of mind.
Whether the show-cause notice and the externment order were based on stale and irrelevant incidents.
Submissions/Arguments
The petitioner argued that the externment proceedings were initiated due to personal grudge of Police Inspector Mangalsingh Suryavanshi and were based on false cases.
The petitioner contended that the show-cause notice and the externment order suffered from non-application of mind and relied on stale incidents.
The State argued in support of the externment order.
Ratio Decidendi
An externment order under Section 56(1)(b) of the Bombay Police Act, 1951 must be based on credible material and proper application of mind. The show-cause notice must contain specific instances and not be vague. Reliance on stale and irrelevant incidents without considering the petitioner's explanation renders the order invalid.
Judgment Excerpts
The case of the Petitioner is that he is cable operator by profession.
On 01102011 showcause notice was slapped upon the Petitioner under Section 59 of the Bombay Police Act, 1951, proposing action under section 56(1)(b) of the said Act to extern the Petitioner from the limits of Districts of Nashik, Ahmadnagar, Dhule, Jalgaon for the period of two years.
On 13042012, Sub Divisional Magistrate passed the order of externment, externing the Petitioner from the limits of Nashik for period of two years.
Procedural History
The petitioner was issued a show-cause notice on 01-10-2011 under Section 59 of the Bombay Police Act proposing externment. The Sub-Divisional Magistrate passed the externment order on 13-04-2012. The petitioner appealed to the Principal Secretary (Home), who dismissed the appeal. The petitioner then filed the present writ petition before the High Court.
Acts & Sections
- Bombay Police Act, 1951: 56(1)(b), 59
