Case Note & Summary
The petitioner, Shri Silva @ Gora Silva Ayanar Arjun, challenged an externment order dated 26.6.2006 passed by the Deputy Commissioner of Police, Zone-I, Colaba, Mumbai under Section 56(1)(a)(b) of the Bombay Police Act, 1951. The order externed him from Greater Bombay, New Bombay, Thane and Raigad Districts for two years. The petitioner had been issued a show cause notice on 4.5.2006 by the Assistant Commissioner of Police, Colaba Division, requiring him to show cause why he should not be externed. He filed a reply, appeared before the enquiry officer, and examined witnesses. The enquiry officer forwarded the case to the externing authority, who passed the impugned order. The petitioner appealed to the State Government under Section 60 of the Act, but the appeal was rejected on 21.9.2006. The petitioner then approached the High Court. The main contention was that the alleged activities of the petitioner were confined to the jurisdiction of Cuffe Parade Police Station, and therefore the externment order covering four districts was excessive. The court agreed, holding that the externment order was excessive and modified it to restrict externment to Greater Bombay only. The petition was partly allowed.
Headnote
A) Criminal Law - Externment - Proportionality - Section 56(1)(a)(b) Bombay Police Act, 1951 - The petitioner was externed from Greater Bombay, New Bombay, Thane and Raigad Districts for two years based on alleged activities within Cuffe Parade Police Station jurisdiction. The court held that the externment order was excessive as it covered areas beyond the petitioner's area of activity. The court modified the order to restrict externment to Greater Bombay only. (Paras 1-5)
Issue of Consideration
Whether an externment order under Section 56(1)(a)(b) of the Bombay Police Act, 1951 can extend to areas beyond the jurisdiction where the alleged offences were committed.
Final Decision
The petition is partly allowed. The impugned order of externment is modified to the extent that the petitioner shall be externed only from Greater Bombay and not from New Bombay, Thane and Raigad Districts.
Law Points
- Externment order must be proportionate to the area of alleged criminal activity
- Excessive externment beyond area of activity is illegal
- Section 56(1)(a)(b) Bombay Police Act
- 1951
Case Details
2006 LawText (BOM) (11) 74
Criminal Writ Petition No. 2104 of 2006
Mr. U.N. Tripathi for petitioner, Mrs. M.H. Mhatre, APP
Shri Silva @ Gora Silva Ayanar Arjun
Shri Nawal Bajaj, Deputy Commissioner of Police, Zone-I, Colaba, Mumbai; State of Maharashtra
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Nature of Litigation
Criminal writ petition challenging an externment order under the Bombay Police Act, 1951.
Remedy Sought
Quashing of the externment order dated 26.6.2006 and setting aside the same.
Filing Reason
The petitioner was externed from Greater Bombay, New Bombay, Thane and Raigad Districts for two years, which he claimed was excessive as his alleged activities were confined to Cuffe Parade Police Station jurisdiction.
Previous Decisions
The petitioner's appeal under Section 60 of the Bombay Police Act, 1951 was rejected by the State Government on 21.9.2006.
Issues
Whether the externment order under Section 56(1)(a)(b) of the Bombay Police Act, 1951 was excessive and beyond the area of the petitioner's alleged activities.
Submissions/Arguments
Mr. Tripathi, counsel for the petitioner, argued that the alleged activities of the petitioner were confined to Cuffe Parade Police Station jurisdiction, and therefore the externment order covering four districts was excessive and unjustified.
Ratio Decidendi
An externment order under Section 56(1)(a)(b) of the Bombay Police Act, 1951 must be proportionate to the area of the alleged criminal activity. Externing a person from areas beyond the jurisdiction where the offences were committed is excessive and illegal.
Judgment Excerpts
The petitioner has prayed that the order of externment dated 26.6.06 issued under Section 56(1)(a)(b) of the Bombay Police Act, 1951 by the Deputy Commissioner of Police, Zone-I, Colaba against the petitioner be quashed and set aside.
Mr.Tripathi assailed the impugned order on the ground that it is an excessive order.
In my opinion, the order of externment is excessive. The petitioner could at best be externed from Greater Bombay.
Procedural History
On 4.5.2006, a show cause notice was issued to the petitioner by the Assistant Commissioner of Police, Colaba Division. The petitioner filed a reply, appeared before the enquiry officer, and examined witnesses. The enquiry officer forwarded the case to the externing authority. On 26.6.2006, the Deputy Commissioner of Police passed the externment order. The petitioner appealed to the State Government under Section 60 of the Act, which was rejected on 21.9.2006. The petitioner then filed the present writ petition.
Acts & Sections
- Bombay Police Act, 1951: 56(1)(a)(b), 60
