Case Note & Summary
The petitioner, Zahoor Ismail Fakie, challenged an externment order passed by the Deputy Commissioner of Police, Zone-I, Thane on 18th February 2013, which was confirmed by the Principal Secretary, Home Department on 16th May 2013, externing him from the revenue district of Thane for one year. The petitioner argued that the order was contrary to law and based on material that was insufficient and not proximate to the purpose of externment under Section 56(1)(a) and (b) of the Bombay Police Act, 1951. The State contended that the show cause notice contained sufficient details of the petitioner's criminal activities. The court, after hearing both sides, found that the material relied upon was extremely insufficient and had no bearing on the satisfaction required for externment. The court quashed the impugned order, holding that the externment could not be sustained on such inadequate material.
Headnote
A) Bombay Police Act - Externment - Section 56(1)(a) and (b) - Proximate Material - The petitioner challenged the externment order on the ground that the material relied upon was insufficient and not proximate to the purpose of externing him from Thane district. The court held that the material must have a proximate relation to the purpose of preventing future crimes, and the impugned order was based on insufficient material. (Paras 1-5) B) Criminal Law - Externment - Validity - The court examined the show cause notice and the impugned order and found that the details of criminal activities mentioned were not sufficient to justify the externment. The court quashed the order as it was not based on material that could reasonably lead to the satisfaction required under Section 56(1)(a) and (b). (Paras 4-5)
Issue of Consideration
Whether the externment order dated 16th May, 2013 passed under Section 56(1)(a) and (b) of the Bombay Police Act, 1951 is valid when the material relied upon is insufficient and not proximate to the purpose sought to be achieved.
Final Decision
The court quashed and set aside the impugned order dated 16th May, 2013 and the order dated 18th February, 2013, allowing the writ petition.
Law Points
- Externment order must be based on material that has proximate relation to the purpose of preventing future crimes
- Insufficient material cannot sustain an externment order
- Satisfaction under Section 56(1)(a) and (b) must be based on specific instances of criminal activity
