Case Note & Summary
The petitioner, Shankar Singh Thakur, challenged an externment order passed by the Sub Divisional Magistrate, Warora on 15th September 2012, externing him from six districts (Chandrapur, Yavatmal, Wardha, Nagpur, Bhandara and Gadchiroli) for two years under Section 56 of the Bombay Police Act. The petitioner also challenged the appellate order dated 28th January 2013 dismissing his appeal. The petitioner argued that the externment order relied on seven proceedings, out of which five resulted in acquittal, and the remaining proceedings were from 1990, 1991, 1992, 1994 and 1998, which were stale and could not be relied upon. The High Court, after hearing both sides, found merit in the petitioner's submissions. The court observed that the Sub Divisional Magistrate had placed reliance on stale proceedings and cases where the petitioner was acquitted, which made the externment order arbitrary and unsustainable. Consequently, the High Court quashed and set aside the impugned orders and allowed the petition.
Headnote
A) Criminal Law - Externment - Section 56 of Bombay Police Act - Reliance on Stale and Acquitted Cases - The Sub Divisional Magistrate passed an externment order against the petitioner relying on seven proceedings, out of which five resulted in acquittal and the remaining were from 1990, 1991, 1992, 1994 and 1998 - The High Court held that reliance on such stale and acquitted cases renders the externment order arbitrary and unsustainable - The order was quashed and set aside (Paras 3-5)
Issue of Consideration
Whether the externment order passed under Section 56 of the Bombay Police Act, relying on stale proceedings and cases where the petitioner was acquitted, is sustainable in law
Final Decision
The High Court quashed and set aside the impugned orders dated 15/09/2012 and 28/01/2013 and allowed the petition.
Law Points
- Externment order under Section 56 of Bombay Police Act cannot be based on stale proceedings or cases where the person has been acquitted
- as it would be arbitrary and unreasonable
Case Details
2013 LawText (BOM) (08) 165
Criminal Writ Petition No.262/2012
Mr. S.V. Sirpurkar for petitioner, Mr. R.S. Nayak, A.P.P. for respondents
Shankar Singh s/o Shriram Singh Thakur
The State of Maharashtra, Sub Divisional Magistrate Warora, The Secretary (Special) Home Department Government of Maharashtra
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Nature of Litigation
Criminal writ petition challenging externment order under Section 56 of Bombay Police Act
Remedy Sought
Quashing of externment order dated 15/09/2012 and appellate order dated 28/01/2013
Filing Reason
Externment order based on stale proceedings and cases where petitioner was acquitted
Previous Decisions
Sub Divisional Magistrate passed externment order on 15/09/2012; Secretary (Special) Home Department dismissed appeal on 28/01/2013
Issues
Whether the externment order under Section 56 of Bombay Police Act can be sustained when based on stale proceedings and acquittals
Submissions/Arguments
Petitioner argued that out of seven proceedings relied upon, five resulted in acquittal and the remaining were from 1990, 1991, 1992, 1994 and 1998, which are stale and cannot be relied upon
Ratio Decidendi
An externment order under Section 56 of Bombay Police Act cannot be based on stale proceedings or cases where the person has been acquitted, as it would be arbitrary and unreasonable.
Judgment Excerpts
The submission on behalf of the petitioner is that the impugned order passed by the Sub Divisional Magistrate shows that the reliance is placed on seven proceedings, out of which in five proceedings the petitioner has been acquitted.
the learned Sub Divisional Magistrate has placed reliance unnecessarily on the proceedings of 1990, 1991, 1992, 1994 and 1998 which were stale proceedings and could not have been relied upon, while passing the impugned order.
Procedural History
Sub Divisional Magistrate, Warora passed externment order on 15/09/2012; petitioner appealed to Secretary (Special) Home Department who dismissed appeal on 28/01/2013; petitioner then filed Criminal Writ Petition No.262/2012 in Bombay High Court.
Acts & Sections
