Case Note & Summary
The petitioner, Zubair Shah, filed a criminal writ petition challenging an externment order dated 18th March 2013 passed by the Sub Divisional Magistrate, Jalna, under Section 56(1) of the Bombay Police Act, 1951. The order was confirmed by the Secretary (Special) Home Department, Government of Maharashtra. The petitioner carried an appeal against the order, which was dismissed. The court examined the proceedings and noted that only four criminal cases were cited against the petitioner: Crime Nos. 3027/2008, 3036/2008, and two others. The court observed that the externment order was passed without proper application of mind. The authority did not record any subjective satisfaction that the petitioner's movements were causing harm or danger to the public. The court held that mere registration of cases is insufficient to justify externment; there must be credible material to support the order. Consequently, the court quashed the externment order and allowed the petition.
Headnote
A) Criminal Law - Externment - Section 56(1) Bombay Police Act, 1951 - Validity of Externment Order - The petitioner challenged an externment order passed by the Sub Divisional Magistrate, Jalna, confirmed by the Secretary (Home Department). The court found that the order was passed without proper application of mind as only four cases were cited without any material to show that the petitioner's movements were causing harm or danger. Held that mere registration of cases does not justify externment; the authority must record subjective satisfaction based on credible material (Paras 1-3).
Issue of Consideration
Whether the externment order passed under Section 56(1) of the Bombay Police Act, 1951 was valid and based on proper application of mind
Final Decision
The court quashed the externment order dated 18th March 2013 passed by the Sub Divisional Magistrate, Jalna, and allowed the criminal writ petition.
Law Points
- Externment order under Section 56(1) Bombay Police Act
- 1951 requires subjective satisfaction based on material
- mere registration of cases insufficient
- non-application of mind vitiates order
Case Details
2013 LawText (BOM) (11) 8
Criminal Writ Petition No.601/2013
K.U. Chandiwala, M.T. Joshi
Mr. M.A. Latif for Petitioner; Mr. M.M. Neralikar, APP for State
Zubair Shah s/o Basit Shah
The Sub Divisional Magistrate, Jalna; The State of Maharashtra
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Nature of Litigation
Criminal writ petition challenging an externment order
Remedy Sought
Quashing of externment order dated 18th March 2013 passed by Sub Divisional Magistrate, Jalna
Filing Reason
Petitioner aggrieved by externment order under Section 56(1) of Bombay Police Act, 1951
Previous Decisions
Externment order passed by Sub Divisional Magistrate, Jalna on 18th March 2013; appeal to Secretary (Home Department) dismissed
Issues
Whether the externment order under Section 56(1) of Bombay Police Act, 1951 was validly passed
Whether the authority applied its mind to the material before passing the order
Submissions/Arguments
Petitioner argued that the externment order was passed without proper application of mind and based on mere registration of cases
State argued that the order was justified to prevent harm or danger
Ratio Decidendi
An externment order under Section 56(1) of the Bombay Police Act, 1951 requires the authority to record subjective satisfaction based on credible material showing that the person's movements are causing harm or danger. Mere registration of criminal cases does not justify externment without such satisfaction.
Judgment Excerpts
We have gone through the proceedings referred to above. Four cases arising out of Crime Nos.3027/2008; 3036/2008; ...
The order of externment recorded by Sub Divisional Magistrate, Jalna, dated 18th March, 2013 in terms of Section 56(1) of Bombay Police Act, 1951.
Procedural History
The Sub Divisional Magistrate, Jalna passed an externment order on 18th March 2013 under Section 56(1) of Bombay Police Act, 1951. The petitioner appealed to the Secretary (Special) Home Department, Government of Maharashtra, which confirmed the order. The petitioner then filed Criminal Writ Petition No.601/2013 before the Bombay High Court, Aurangabad Bench.
Acts & Sections
- Bombay Police Act, 1951: 56(1)
