Case Note & Summary
The petitioner, Vicky Balasaheb Jhaveri, challenged an externment order dated 17th April 2013 and the appellate order dated 4th July 2013, by which he was externed from Solapur, Pune, and Osmanabad districts for two years under Section 56(1)(a) of the Bombay Police Act, 1951. The externment order was based on four criminal cases registered between 2009 and 2012, two proceedings under Chapter VIII of the Code of Criminal Procedure, 1973, and two in-camera witness statements. The petitioner contended that he had been acquitted in at least one of those cases, and that the authorities failed to consider this. The High Court found that both the externing authority and the appellate authority had completely failed to apply their minds. The court held that once the petitioner was acquitted, that criminal complaint could not be relied upon, regardless of the reason for acquittal. The court also noted that there was no material to show any live link between the petitioner's alleged past activities and the proposed externment, and that reliance on Chapter VIII proceedings was wholly misplaced as those proceedings are unrelated to the Bombay Police Act. Consequently, the court quashed both the externment order and the appellate order, allowing the petition.
Headnote
A) Bombay Police Act, 1951 - Section 56(1)(a) - Externment Order - Reliance on Acquittals - The externing authority cannot rely on a criminal case where the petitioner has been acquitted, regardless of the reason for acquittal (e.g., witnesses turning hostile). Once acquitted, that case cannot be used to support an externment order. (Paras 4)
B) Bombay Police Act, 1951 - Section 56(1)(a) - Externment Order - Live Link - The externing authority must demonstrate a live link between the petitioner's alleged past criminal activities and the proposed externment. Mere reference to old cases without showing such a link renders the order unsustainable. (Paras 4)
C) Code of Criminal Procedure, 1973 - Chapter VIII - Externment Proceedings - Irrelevance - Proceedings under Chapter VIII of CrPC (security for keeping the peace) have no bearing on externment proceedings under the Bombay Police Act, 1951, and cannot be relied upon to justify an externment order. (Paras 4)
Issue of Consideration
Whether an externment order under Section 56(1)(a) of the Bombay Police Act, 1951 can be sustained when based on cases where the petitioner was acquitted and on proceedings under Chapter VIII of CrPC, and whether there is a requirement of a live link between past activities and the proposed externment.
Final Decision
The High Court allowed the petition, quashing the externment order dated 17th April 2013 and the appellate order dated 4th July 2013. Rule made absolute.
Law Points
- Externment order cannot be based on acquittals
- Chapter VIII proceedings irrelevant
- need for live link between past activities and proposed externment
Case Details
2013 LawText (BOM) (10) 184
Writ Petition No.2818 of 2013
S.C. Dharmadhikari, G.S. Patel
Mr. Ashish Gaikwad for the petitioner, Mr. K.V. Saste, APP for the State
The State of Maharashtra, The Sub-Divisional Officer, Solapur Division, Solapur, The Police Inspector, Barshi City Police Station, Barshi
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Nature of Litigation
Writ petition challenging an externment order under Section 56(1)(a) of the Bombay Police Act, 1951.
Remedy Sought
Quashing of the externment order dated 17th April 2013 and the appellate order dated 4th July 2013.
Filing Reason
The petitioner was externed from Solapur, Pune, and Osmanabad districts for two years based on four criminal cases (2009-2012), two Chapter VIII CrPC proceedings, and two in-camera witness statements. The petitioner claimed he was acquitted in one case and that the authorities failed to consider this.
Previous Decisions
Externment order dated 17th April 2013 by the Sub-Divisional Officer, Solapur; appellate order dated 4th July 2013 by the State of Maharashtra.
Issues
Whether an externment order under Section 56(1)(a) of the Bombay Police Act, 1951 can be based on a criminal case where the petitioner has been acquitted.
Whether proceedings under Chapter VIII of the Code of Criminal Procedure, 1973 can be relied upon in externment proceedings.
Whether there must be a live link between past criminal activities and the proposed externment.
Submissions/Arguments
Petitioner argued that he was acquitted in at least one of the cases relied upon, and the authorities failed to consider this.
Petitioner contended that the externment order lacked a live link between his past activities and the proposed externment.
State argued that the acquittal was due to witnesses turning hostile, and thus the case could still be considered.
Ratio Decidendi
An externment order under Section 56(1)(a) of the Bombay Police Act, 1951 cannot be sustained if it relies on a criminal case where the petitioner has been acquitted, regardless of the reason for acquittal. Proceedings under Chapter VIII of the Code of Criminal Procedure, 1973 are irrelevant to externment proceedings. There must be a live link between the petitioner's past activities and the proposed externment.
Judgment Excerpts
Once the Petitioner was acquitted, that criminal complaint could not have been relied upon in support of the externment.
We also note that neither in the Externment Order nor in the Appellate Order is there any material to show how the Petitioner’s alleged previous criminal activities of 2009 to 2012 have any bearing or live link with the proposed externment.
Further, the reliance on proceedings under Chapter VIII of the Code of Criminal Procedure, 1973 is wholly misplaced. We have repeatedly held that these proceedings have nothing to do with the provisions of the Bombay Police Act, 1951.
Procedural History
The petitioner was served a show-cause notice, after which the Sub-Divisional Officer, Solapur passed an externment order on 17th April 2013. The petitioner appealed to the State of Maharashtra, which dismissed the appeal on 4th July 2013. The petitioner then filed the present writ petition in the Bombay High Court.
Acts & Sections
- Bombay Police Act, 1951: 56(1)(a)
- Code of Criminal Procedure, 1973: Chapter VIII
