Case Note & Summary
The petitioner, Sanket Balkurshna Jadhav, challenged an externment order passed by the Sub-Divisional Magistrate, Satara, on 20th April 2013, which was confirmed by the Appellate Authority on 4th June 2013, externing him from the entire Satara District for two years. The primary ground was that the Sub-Divisional Officer who passed the order was not specifically empowered by the State Government under Section 56 of the Bombay Police Act, 1951. The petitioner's counsel relied on a Gujarat High Court judgment in Sabuddin Sheikh Mansur v. J.S. Thakar, AIR 1969 Guj. 1, which interpreted the phrase 'specially empowered by the State Government' to require a specific notification in the official gazette, either by name or by office. The court accepted this argument, noting that the State did not produce any notification showing special empowerment. Consequently, the court quashed the externment order and the appellate order, holding that the order was passed without jurisdiction. The court did not address other grounds raised by the petitioner.
Headnote
A) Criminal Law - Externment - Special Empowerment - Section 56 Bombay Police Act, 1951 - The Sub-Divisional Magistrate must be specially empowered by the State Government by notification in the official gazette, either by name or by virtue of office, to pass an externment order; general powers of a Sub-Divisional Magistrate are insufficient. The court held that the order passed without such special empowerment is without jurisdiction and liable to be quashed. (Paras 3-5)
Issue of Consideration
Whether the Sub-Divisional Officer who passed the externment order was specifically empowered by the State Government under Section 56 of the Bombay Police Act, 1951
Final Decision
The court quashed the externment order dated 20th April 2013 and the appellate order dated 4th June 2013, and allowed the petition. Rule made absolute.
Law Points
- Special empowerment of Sub-Divisional Magistrate under Section 56 of Bombay Police Act
- 1951 must be by notification in official gazette
- either by name or by office
- and cannot be assumed from general powers
Case Details
2013 LawText (BOM) (08) 100
Criminal Writ Petition No. 2188 of 2013
S. C. Dharmadhikari, K. R. Shriram
Mr. Rahul Kadam for Petitioner, Mrs. M.H. Mhatre APP for State
State of Maharashtra, Principal Secretary, Home Department, Sub-Divisional Officer, Satara, Senior P.I. Satara City Police Station
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Nature of Litigation
Criminal writ petition challenging an externment order passed under Section 56 of the Bombay Police Act, 1951
Remedy Sought
Quashing of the externment order dated 20th April 2013 and the appellate order dated 4th June 2013
Filing Reason
The petitioner was externed from Satara District for two years; he challenged the order on the ground that the Sub-Divisional Officer was not specially empowered by the State Government
Previous Decisions
Externment order passed by Sub-Divisional Magistrate on 20th April 2013, confirmed by Appellate Authority on 4th June 2013
Issues
Whether the Sub-Divisional Officer who passed the externment order was specially empowered by the State Government under Section 56 of the Bombay Police Act, 1951
Submissions/Arguments
Petitioner argued that the Sub-Divisional Officer was not specifically empowered by the State Government by notification in the official gazette, relying on Sabuddin Sheikh Mansur v. J.S. Thakar, AIR 1969 Guj. 1
State did not produce any notification showing special empowerment
Ratio Decidendi
Under Section 56 of the Bombay Police Act, 1951, a Sub-Divisional Magistrate must be specially empowered by the State Government by notification in the official gazette, either by name or by virtue of office, to pass an externment order. Without such special empowerment, the order is without jurisdiction and void.
Judgment Excerpts
The order of externment passed by the Sub-Divisional Magistrate, Satara Sub-Division, Satara has been challenged on various grounds.
The counsel appearing for the Petitioner took a preliminary objection that the Authority who has passed the externment order is not specifically empowered by the State Government and therefore order is without authority in law and jurisdiction because the Sub-Divisional Officer who has passed the order was not specifically empowered by the State Government by notification and in the official gazette.
Procedural History
The Sub-Divisional Magistrate, Satara passed an externment order on 20th April 2013 under Section 56 of the Bombay Police Act, 1951, externing the petitioner from Satara District for two years. The petitioner appealed to the Appellate Authority, which confirmed the order on 4th June 2013. The petitioner then filed a criminal writ petition in the Bombay High Court challenging both orders.
Acts & Sections
- Bombay Police Act, 1951: Section 56
