Case Note & Summary
The petitioner, Mohd. Jalaluddin Mohd. Amin Khan @ Jalal, challenged an externment order dated 7th January 2013 passed by the Deputy Commissioner of Police, Zone VI, Mumbai, externing him for two years from Mumbai, Mumbai Suburban, Thane, and Raigad Districts. The petitioner argued that the show cause notice did not state that witnesses were unwilling to depose in public, and the externment from four districts was excessive as his alleged activities were only in Mumbai City and Mumbai Suburban. The State contended that the order was justified due to the petitioner's prejudicial activities and that Thane and Raigad were adjoining districts. The court found that the show cause notice was illegal for not mentioning witness unwillingness, and the externment from a larger area was arbitrary. The court quashed the externment order and the appellate order, allowing the petition.
Headnote
A) Maharashtra Police Act - Externment - Show Cause Notice - Witness Unwillingness - The show cause notice must explicitly state that witnesses are not willing to depose against the externee in public; failure to do so renders the notice illegal and the consequent externment order unsustainable. The court held that the satisfaction recorded in the order regarding witness unwillingness cannot cure the defect in the notice. (Paras 4-6)
B) Maharashtra Police Act - Externment - Area of Externment - Proportionality - Externment from a larger area than where alleged activities occurred is arbitrary and excessive unless justified. The court held that externing the petitioner from four districts when activities were confined to two districts lacked justification. (Paras 4-6)
Issue of Consideration
Whether the externment order passed under the Maharashtra Police Act is sustainable when the show cause notice does not state that witnesses are unwilling to come forward to depose against the petitioner in public, and whether the order externing the petitioner from four districts is excessive when alleged activities are restricted to two districts.
Final Decision
The court quashed and set aside the externment order dated 7th January 2013 and the appellate order confirming it. The petition was allowed.
Law Points
- Externment order must be based on material disclosed in show cause notice
- Witness unwillingness to depose in public must be stated in show cause notice
- Externment from larger area without justification is arbitrary
Case Details
2013 LawText (BOM) (08) 101
Criminal Writ Petition No. 2247 of 2013
S.C. Dharmadhikari, S.B. Shukre
Mr.U.N. Tripathi for the petitioner, Mr.K.V. Saste, A.P.P. for the State
Mohd. Jalaluddin Mohd. Amin Khan @ Jalal
The Dy. Commissioner of Police, ZoneVI, Mumbai; Principal Secretary (Spl.), Home Department, Mantralaya, Mumbai; The State of Maharashtra
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Nature of Litigation
Criminal writ petition challenging an externment order passed under the Maharashtra Police Act.
Remedy Sought
Quashing of the externment order dated 7th January 2013 and the appellate order confirming it.
Filing Reason
The petitioner was externed for two years from four districts, but the show cause notice did not state that witnesses were unwilling to depose, and the area of externment was excessive.
Previous Decisions
The externment order was passed by the Deputy Commissioner of Police, Zone VI, Mumbai, and confirmed by the appellate authority.
Issues
Whether the show cause notice is illegal for not stating that witnesses are unwilling to come forward to depose against the petitioner in public.
Whether the externment order externing the petitioner from four districts is excessive when alleged activities are restricted to two districts.
Submissions/Arguments
Petitioner: Show cause notice does not state witness unwillingness; externment from larger area is arbitrary; incamera statements are vague.
State: Order refers to various prejudicial activities; externment from adjoining districts is necessary to prevent continuation of criminal activities.
Ratio Decidendi
A show cause notice under the Maharashtra Police Act for externment must explicitly state that witnesses are not willing to depose against the externee in public; failure to do so renders the notice illegal and the consequent externment order unsustainable. Additionally, externment from a larger area than where alleged activities occurred is arbitrary and excessive unless justified.
Judgment Excerpts
It is submitted on behalf of the petitioner that the impugned order is arbitrary and excessive as it seeks to extern the petitioner from a large area covering four districts, although his alleged prejudicial activities are restricted to only the area comprising Mumbai City and Mumbai suburban.
He further submits that a show cause notice is also illegal and bad in law as it does not state that witnesses are not willing to come forward to depose against the petitioner in public.
Procedural History
The petitioner filed a writ petition in the High Court challenging the externment order dated 7th January 2013 passed by the Deputy Commissioner of Police, Zone VI, Mumbai, and the appellate order confirming it. The petition was heard finally at the stage of admission with consent of parties.
Acts & Sections
