Case Note & Summary
The petitioner, Sunil Mani Shetty, challenged an externment order dated 16th December 2012 passed by the Deputy Commissioner of Police, Zone-VII, Mumbai under Section 56(1)(a) and (b) of the Bombay Police Act, 1951, externing him for one year from Greater Mumbai and Suburban Mumbai. The order was upheld by the Appellate Authority (Secretary, Home Department) on 17th April 2013. The petitioner argued that the show cause notice under Section 59 of the Act did not contain material particulars, such as the dates and locations of the alleged incidents, and that the in-camera statements of three witnesses (A, B, and C) also lacked these details. The court found that the show cause notice merely stated that the petitioner's activities caused alarm, danger, or harm to peace-loving citizens but did not specify the dates or areas of the incidents. The court held that the absence of such particulars violated principles of natural justice, as the petitioner was unable to effectively respond. The court also noted that the in-camera statements did not disclose the dates of recording or the localities of the incidents. Consequently, the court quashed the externment order and the appellate order, allowing the writ petition.
Headnote
A) Administrative Law - Principles of Natural Justice - Show Cause Notice - Section 59 Bombay Police Act, 1951 - The show cause notice must contain material particulars such as dates and locations of alleged incidents to enable the noticee to effectively meet the case against him - Held that failure to disclose such particulars vitiates the proceedings (Paras 4-6).
B) Police Law - Externment - Section 56 Bombay Police Act, 1951 - In-camera statements of witnesses must disclose dates and areas of incidents to satisfy the requirement of material particulars - Held that absence of such details renders the externment order unsustainable (Paras 4-6).
Issue of Consideration
Whether the externment order passed under Section 56(1)(a) and (b) of the Bombay Police Act, 1951 is vitiated for non-compliance with principles of natural justice and lack of material particulars in the show cause notice.
Final Decision
The court allowed the writ petition, quashing the externment order dated 16th December 2012 and the appellate order dated 17th April 2013. Rule made absolute.
Law Points
- Principles of natural justice
- Externment proceedings
- Section 56 Bombay Police Act
- 1951
- Show cause notice must contain material particulars
- In-camera statements must disclose dates and locations
Case Details
2013 LawText (BOM) (07) 110
Criminal Writ Petition No.1583 of 2013
S.C. Dharmadhikari, S.B. Shukre
Mr. U.N. Tripathi for the petitioner, Mr. J.P. Yagnik, A.P.P. for the respondent
The Dy. Commissioner of Police, Zone-VII, Mumbai; Principal Secretary (Spl) Home Department; 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 16th December 2012 and the appellate order dated 17th April 2013.
Filing Reason
The petitioner was externed for one year from Greater Mumbai and Suburban Mumbai based on a show cause notice that lacked material particulars and violated principles of natural justice.
Previous Decisions
The Deputy Commissioner of Police passed the externment order on 16th December 2012, which was upheld by the Appellate Authority on 17th April 2013.
Issues
Whether the show cause notice under Section 59 of the Bombay Police Act, 1951 contained sufficient material particulars to enable the petitioner to effectively respond?
Whether the externment order was passed in violation of principles of natural justice?
Submissions/Arguments
Petitioner argued that the show cause notice did not disclose dates or locations of alleged incidents, and in-camera statements lacked material particulars, violating natural justice.
Respondent argued that the order was valid and based on sufficient material.
Ratio Decidendi
A show cause notice under Section 59 of the Bombay Police Act, 1951 must contain material particulars such as dates and locations of alleged incidents to comply with principles of natural justice. Failure to do so vitiates the externment proceedings.
Judgment Excerpts
It is submitted on behalf of the petitioner that the impugned order dated 16th December, 2012 suffers from grave illegalities as it has been passed without following the principles of natural justice.
He has further argued that the impugned order is based upon a show cause notice under Section 59 of the Bombay Police Act which does not spell out the factual details necessary for the petitioner to effectively meet the case sought to be made out against him.
Procedural History
The Deputy Commissioner of Police passed the externment order on 16th December 2012. The petitioner appealed to the Secretary (Special), Home Department, which dismissed the appeal on 17th April 2013. The petitioner then filed the present writ petition in the Bombay High Court, which was heard and decided on 4th July 2013.
Acts & Sections
- Bombay Police Act, 1951: 56(1)(a), 56(1)(b), 59
