Case Note & Summary
The petitioner, Amit Arjun Phale, challenged an externment order dated 4.10.2013 passed by the Deputy Commissioner of Police, Zone IV, Pune City, under Section 56(1)(a)(b) of the Bombay Police Act, externing him from Pune City and Pune District for two years. The order was preceded by a show-cause notice dated 13.8.2013 under Section 59 of the Act. The petitioner filed a reply, and after inquiry, the Externing Authority passed the impugned order. The petitioner's appeal to the Appellate Authority was dismissed on 13.2.2014, leading to the present writ petition. The main legal issue was whether the externment order was vitiated for non-compliance with Section 59, which requires the authority to record satisfaction that witnesses are unwilling to depose in public due to fear. The petitioner argued that the Externing Authority merely recorded that people are not willing to depose, without stating that such unwillingness is due to fear of deposing in public. The State contended that the satisfaction was sufficient. The court analyzed the language of Section 59 and held that the requirement is mandatory. The satisfaction recorded must explicitly state that witnesses are not coming forward to depose in public due to apprehension of safety. Since the impugned order did not contain such satisfaction, the court quashed the externment order and allowed the petition.
Headnote
A) Bombay Police Act - Externment - Section 56(1)(a)(b) read with Section 59 - Satisfaction of Witnesses' Fear - The Externing Authority must record satisfaction that witnesses are unwilling to depose in public due to apprehension of safety, not merely that people are unwilling to depose. Failure to record such satisfaction renders the externment order invalid. (Paras 5-8) B) Bombay Police Act - Externment - Section 59 - Non-Compliance - The requirement under Section 59 is mandatory. The order must reflect that the authority considered the fact that witnesses are not coming forward to depose in public due to fear. Mere recording that people are not willing to depose is insufficient. (Paras 5-8)
Issue of Consideration
Whether the externment order passed under Section 56(1)(a)(b) of the Bombay Police Act is valid when the Externing Authority failed to record satisfaction as required under Section 59 of the Act that witnesses are not willing to depose against the petitioner in public due to fear.
Final Decision
The petition is allowed. The externment order dated 4.10.2013 and the appellate order dated 13.2.2014 are quashed and set aside. Rule is made absolute.
Law Points
- Externment order under Section 56(1)(a)(b) of Bombay Police Act must be preceded by satisfaction under Section 59 that witnesses are unwilling to depose in public due to fear
- Satisfaction must be recorded in the order itself
- Non-compliance vitiates the order
