Case Note & Summary
The petitioners, Vijay Lalso Jadhav and Shailesh Ramesh Jadhav, challenged the externment orders passed by the Competent Authority (Superintendent of Police, Satara) dated 25th July 2013, externing them from Satara District for one year under Section 55 of the Bombay Police Act, 1951. The orders were confirmed by the Secretary (Special), Home Department, Government of Maharashtra, in appeal on 4th September 2013. The petitioners sought quashing of both orders primarily on the ground of non-applicability of Section 55 to the facts of the case. The High Court heard both petitions together at the admission stage with consent. The court examined the show cause notice issued to the petitioners and found that it merely stated that the petitioners were 'committing offences' without specifying the nature of the offences. The court held that the notice must specify the nature of activities alleged to enable the proposed externee to effectively respond. Additionally, the court noted that the witnesses were not examined in the presence of the petitioners, and no reasons were recorded for exempting such examination. The court concluded that the procedural requirements under Section 55 were not complied with, rendering the externment orders invalid. Consequently, the court quashed and set aside both the externment order and the appellate order, allowing the writ petitions.
Headnote
A) Criminal Law - Externment - Section 55 Bombay Police Act, 1951 - Procedural Compliance - Show cause notice must specify the nature of activities alleged against the proposed externee - In the present case, the notice merely stated that the petitioners were engaged in 'committing offences' without specifying the nature of offences, thus vitiating the proceedings (Paras 6-8). B) Criminal Law - Externment - Section 55 Bombay Police Act, 1951 - Examination of Witnesses - The authority must examine witnesses in the presence of the proposed externee unless it records reasons for exempting such examination - Failure to do so renders the externment order invalid (Paras 9-10). C) Criminal Law - Externment - Section 55 Bombay Police Act, 1951 - Subjective Satisfaction - The competent authority must record subjective satisfaction based on material on record - In the absence of proper notice and examination of witnesses, the satisfaction is not validly arrived at (Paras 11-12).
Issue of Consideration
Whether the externment orders passed under Section 55 of the Bombay Police Act, 1951 are sustainable when the show cause notice did not specify the nature of activities and the witnesses were not examined in the presence of the petitioners.
Final Decision
The High Court quashed and set aside the externment order dated 25th July 2013 passed by the Competent Authority and the appellate order dated 4th September 2013 passed by the Secretary (Special), Home Department. The writ petitions were allowed.
Law Points
- Section 55 of Bombay Police Act requires subjective satisfaction of competent authority based on material
- show cause notice must specify nature of activities
- opportunity of hearing must be given
- witnesses must be examined in presence of externee unless exempted for reasons recorded
