Case Note & Summary
The petitioner, Vinayak Dynaneshwar Mainkar, a contractor from Miraj, Sangli, was served with two show cause notices dated 22nd April 2012 and 17th October 2012 under Section 56 of the Maharashtra Police Act, 1951, proposing his externment from Sangli, Satara, Kolhapur and Solapur districts for two years. On 5th July 2013, the Sub Divisional Magistrate (Respondent No. 2) ordered his externment from Sangli and Kolhapur districts for six months. The petitioner filed an appeal to the Secretary, Home Department (Respondent No. 3) along with a stay application. Despite the petitioner's advocate requesting an immediate hearing due to the short externment period, the appellate authority informed that the earliest hearing would not be before 18th September 2013 due to city-wide festivals. The petitioner then approached the High Court by way of a Criminal Writ Petition. The High Court issued directions to the appellate authority to hear the appeal and stay application within a specified time, but the authority failed to comply. Consequently, the Court heard the matter on merits. The Court found that the externment order was passed after a significant delay from the show cause notices and that the appellate authority's failure to decide the appeal within a reasonable time, despite court directions, warranted quashing of the externment order. The Court allowed the writ petition, quashed the externment order dated 5th July 2013, and directed the parties to act on an authenticated copy of the order.
Headnote
A) Criminal Law - Externment - Section 56 Maharashtra Police Act, 1951 - Time Limit for Decision - The petitioner was served with show cause notices for externment but the authority passed the order after a delay of over a year, and the appellate authority failed to hear the appeal within time despite court directions - Held that the failure to comply with statutory time limits and the appellate authority's inaction rendered the externment order unsustainable (Paras 1-3).
Issue of Consideration
Whether the externment order passed under Section 56 of the Maharashtra Police Act, 1951 is sustainable when the appellate authority failed to hear the appeal within a reasonable time despite court directions.
Final Decision
The writ petition succeeds. The order of externment of the Petitioner dated 5th July 2013 is quashed and set aside. Parties to act on an authenticated copy of this order.
Law Points
- Externment order must be decided within prescribed time
- Failure to hear appeal within reasonable time vitiates externment
- Section 56 of Maharashtra Police Act requires prompt disposal of show cause notices
- Appellate authority must decide appeal expeditiously
Case Details
Criminal Writ Petition No.3257 of 2013
S.C. Dharmadhikari, G.S. Patel
Mr. N. N. Gawankar i/b Ms. Sharon Patole for Petitioner, Mrs. A. S. Pai APP for Respondent State
Vinayak Dynaneshwar Mainkar
The State of Maharashtra, Sub Divisional District Magistrate Miraj, Shri Vineet Agarwal The Secretary Home Department (Special) Govt of Maharashtra
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Nature of Litigation
Criminal Writ Petition challenging an externment order under Section 56 of the Maharashtra Police Act, 1951.
Remedy Sought
Quashing of the externment order dated 5th July 2013 and setting aside of the order.
Filing Reason
The petitioner was served with show cause notices for externment, and the externment order was passed after delay; the appellate authority failed to hear the appeal within time despite court directions.
Previous Decisions
The Sub Divisional Magistrate passed the externment order on 5th July 2013; the petitioner filed an appeal to the Secretary, Home Department, which was not heard within time.
Issues
Whether the externment order under Section 56 of the Maharashtra Police Act, 1951 is sustainable when the show cause notices were not decided within a reasonable time.
Whether the failure of the appellate authority to hear the appeal within time despite court directions vitiates the externment order.
Submissions/Arguments
The petitioner argued that the externment order was passed after a long delay from the show cause notices and that the appellate authority failed to hear the appeal expeditiously.
The respondent State did not make specific submissions as the matter was heard on merits after the appellate authority's failure.
Ratio Decidendi
The failure of the appellate authority to hear the appeal within a reasonable time, despite clear court directions, and the delay in passing the externment order after the show cause notices, render the externment order unsustainable under Section 56 of the Maharashtra Police Act, 1951.
Judgment Excerpts
For the reasons separately recorded, we are of the opinion that no useful purpose will be served by allowing the Respondent No. 3 to hear the Appeal No. 103 of 2013 or the Stay Application therein.
Despite our clear directions, he has failed either to hear the Appeal or the Stay Application within time.
The order of externment of the Petitioner dated 5th July, 2013 is quashed and set aside.
Procedural History
The petitioner was served with show cause notices on 22nd April 2012 and 17th October 2012. On 5th July 2013, the Sub Divisional Magistrate passed the externment order. The petitioner filed an appeal to the Secretary, Home Department, and also filed a stay application. The appellate authority failed to hear the appeal within time despite court directions. The petitioner then filed the present Criminal Writ Petition before the Bombay High Court, which was heard and allowed on 6th September 2013.
Acts & Sections
- Maharashtra Police Act, 1951: Section 56
