Case Note & Summary
The petitioner, Pramod alias Khandya Darashivkar, challenged an externment order passed under Section 56(1)(a)(b) of the Bombay Police Act, 1951, externing him from Satara district for two years, and the dismissal of his appeal. The show cause notice was issued on 9th November 2012, and the externment order was passed on 29th May 2013. The appeal was dismissed on 31st August 2013. The petitioner filed a writ petition under Article 226 of the Constitution. The court found that the externment order and appellate order relied on cases where the petitioner was acquitted (C.R. No. 291 of 2008), a 'C' summary report was filed (C.R. No. 1989 of 2008), or the petitioner was enlarged on bail in two other complaints. Additionally, the orders referred to non-cognizable complaints and chapter proceedings. The court held that these are not valid considerations for externment under Section 56 of the Bombay Police Act, 1951. The appellate authority's reasoning that despite excluding two cases, the petitioner's involvement in illegal money lending was evident, was not based on objective criteria for subjective satisfaction. The court quashed the externment order and the appellate order, allowing the petition.
Headnote
A) Criminal Law - Externment - Section 56(1)(a)(b) Bombay Police Act, 1951 - Validity of Externment Order - The externment order and appellate order relied on cases where the petitioner was acquitted, a 'C' summary report was filed, or the petitioner was enlarged on bail, and also on non-cognizable complaints and chapter proceedings - Held that these are not valid considerations for externment under Section 56 of the Bombay Police Act, 1951, and the orders are unsustainable (Paras 4-5).
B) Criminal Law - Externment - Subjective Satisfaction - Section 56(1)(a)(b) Bombay Police Act, 1951 - The appellate authority excluded two cases but still upheld externment based on alleged involvement in illegal money lending - Held that such reasoning is not objective criteria for subjective satisfaction justifying externment (Para 6).
Issue of Consideration
Whether an externment order under Section 56(1)(a)(b) of the Bombay Police Act, 1951 can be sustained when it relies on cases where the petitioner was acquitted, a 'C' summary report was filed, or the petitioner was enlarged on bail, and also on non-cognizable complaints and chapter proceedings
Final Decision
Rule made absolute. Externment order dated 29th May 2013 and appellate order dated 31st August 2013 quashed and set aside. Petition allowed.
Law Points
- Externment order under Section 56(1)(a)(b) of Bombay Police Act
- 1951 cannot be based on acquittals
- summary reports
- bail orders
- non-cognizable complaints
- or chapter proceedings
- subjective satisfaction must be based on objective criteria and valid considerations
Case Details
2013 LawText (BOM) (10) 106
Criminal Writ Petition No.3517 of 2013
S.C. Dharmadhikari, G.S. Patel
Mr. Shailesh Chavan (for Petitioner), Mrs. P. H. Kantharia (APP for Respondents-State)
Pramod alias Khandya Darashivkar
The State of Maharashtra, Secretary (Special), Home Department, State of Maharashtra, Sub-Divisional Magistrate, Satara Sub-Division, Satara, Senior Police Inspector, City Police Station
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Nature of Litigation
Criminal writ petition challenging externment order under Section 56(1)(a)(b) of Bombay Police Act, 1951
Remedy Sought
Quashing of externment order dated 29th May 2013 and appellate order dated 31st August 2013
Filing Reason
Externment order based on cases where petitioner was acquitted, summary report filed, or enlarged on bail, and on non-cognizable complaints and chapter proceedings
Previous Decisions
Show cause notice issued on 9th November 2012; externment order passed on 29th May 2013 externing petitioner from Satara district for two years; appeal dismissed on 31st August 2013
Issues
Whether the externment order under Section 56(1)(a)(b) of the Bombay Police Act, 1951 is sustainable when based on acquittals, summary reports, bail orders, non-cognizable complaints, and chapter proceedings
Whether the appellate authority's reasoning that despite excluding two cases, the petitioner's involvement in illegal money lending was evident, constitutes objective criteria for subjective satisfaction
Submissions/Arguments
Petitioner argued that the externment order and appellate order relied on cases where he was acquitted, a 'C' summary report was filed, or he was enlarged on bail, and also on non-cognizable complaints and chapter proceedings, which are not valid considerations
Petitioner argued that reference to two previous cases under Bombay Police Act, IPC, SC/ST Act, and Protection of Civil Rights Act were not objective criteria for subjective satisfaction
Ratio Decidendi
An externment order under Section 56(1)(a)(b) of the Bombay Police Act, 1951 cannot be based on cases where the person was acquitted, a 'C' summary report was filed, or the person was enlarged on bail, nor on non-cognizable complaints or chapter proceedings, as these are not valid considerations for externment. The subjective satisfaction must be based on objective criteria.
Judgment Excerpts
The show cause notice and the Externment Order refer to a number of cases said to have been registered against the Petition in Satara City. These cases date from 2008 to 2012. The Externing Authority as also the Appellate Authority seem to have overlooked the consequences of the Petitioner having been acquitted in C. R. No. 291 of 2008; of a 'C' summary report having been filed in C. R. No. 1989 of 2008; and of the Petitioner having been enlarged on bail in two other criminal complaints.
In addition, the Externment Order refers to several non-cognizable complaints against the Petitioner as also chapter proceedings. None of these are valid considerations while dealing with externment proceedings under Section 56 of the Bombay Police Act, 1951.
Procedural History
Show cause notice issued on 9th November 2012 under Section 56(1)(a)(b) of Bombay Police Act, 1951. Externment order passed on 29th May 2013 externing petitioner from Satara district for two years. Appeal dismissed on 31st August 2013. Petitioner filed Criminal Writ Petition No.3517 of 2013 under Article 226 of Constitution of India.
Acts & Sections
- Bombay Police Act, 1951: Section 56(1)(a)(b)
- Constitution of India: Article 226
- Indian Penal Code, 1860:
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
- Protection of Civil Rights Act, 1955:
