Case Note & Summary
The petitioner, Ahammad Mainuddin Shaikh, challenged the legality of an externment order dated 15th January, 2013 passed by the Superintendent of Police, Kolhapur, under Section 55 of the Bombay Police Act, 1951, externing him from Kolhapur District for one year, and the appellate order dated 30th April, 2013 confirming the same. The petitioner contended that the impugned orders were illegal and arbitrary. The main grounds were that the material relied upon was insufficient to record satisfaction under Section 55, which requires action against a gang or body of persons and necessitates that each member be found to have indulged in similar criminal activities. The petitioner argued that the material against him was different from that against other alleged gang members, and that the externment was discriminatory as only he was externed while five others were not. Additionally, the petitioner claimed that copies of crucial reports dated 9th February, 2010 and 16th March, 2011 submitted by the Police Inspector were not supplied to him, denying him a proper opportunity to defend himself. The court heard arguments from Mr. Anand Patil for the petitioner and Mr. A.S. Gadkari for the State. The court found merit in the petitioner's contentions, particularly regarding the non-supply of documents and the insufficiency of material linking the petitioner to the gang activities. The court held that the externment order was based on inadequate material and violated principles of natural justice. Consequently, the court quashed the impugned orders and allowed the petition.
Headnote
A) Criminal Law - Externment - Section 55 Bombay Police Act, 1951 - Sufficiency of Material - The court examined whether the material relied upon by the externing authority was sufficient to record satisfaction under Section 55. Held that the material must show that each member of the gang indulged in similar criminal activities, and the order must be based on adequate evidence linking the petitioner to the alleged gang activities (Paras 4-5). B) Criminal Law - Externment - Natural Justice - Non-Supply of Documents - The petitioner contended that copies of reports dated 9th February, 2010 and 16th March, 2011 were not supplied, denying him an opportunity to defend. Held that non-supply of such material violates principles of natural justice and vitiates the externment order (Para 5). C) Criminal Law - Externment - Discrimination - The petitioner argued that only he was externed while five other alleged gang members were not proceeded against. Held that such selective action is discriminatory and arbitrary (Para 4).
Issue of Consideration
Whether the externment order under Section 55 of the Bombay Police Act, 1951 was valid when based on insufficient material and when copies of crucial reports were not supplied to the petitioner, and whether the action was discriminatory.
Final Decision
The court allowed the petition and quashed the impugned orders dated 15th January, 2013 and 30th April, 2013.
Law Points
- Externment under Section 55 of Bombay Police Act
- 1951 requires sufficient material linking each gang member to similar criminal activities
- non-supply of relevant documents violates natural justice
- discriminatory action if only one member externed while others not proceeded against
