Case Note & Summary
The applicant, Mohd. Ashfaq Shaikh Ismail, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of an externment order dated 07.10.2014 passed by the Sub-Divisional Magistrate, Parbhani, in Case No. 2013/BPA/Exten. The applicant was externed from five districts: Parbhani, Hingoli, Nanded, Jalna, and Latur, under Sections 56 and 59 of the Bombay Police Act, 1951. The applicant's counsel argued that the order was excessive because the alleged prejudicial activities, as per the show-cause notice, were confined to the Nanalpeth area in Parbhani district. The State opposed the application, contending that the order was in conformity with the material on record and within the provisions of the Act. The High Court, after perusing the original record, show-cause notice, and the impugned order, confined its adjudication to the ground of excessiveness. The court found that the alleged activities were limited to Nanalpeth area in Parbhani, yet the externment extended to four other districts without any justification. The court held that the order was excessive and disproportionate, and thus quashed and set aside the impugned order. The application was allowed, and rule was made absolute.
Headnote
A) Criminal Procedure - Quashing of Externment Order - Section 482 Criminal Procedure Code, 1973 - Excessive Externment - Applicant externed from five districts despite alleged activities confined to Nanalpeth area in Parbhani - Court held that externment order was excessive and disproportionate - Order quashed and set aside (Paras 2-7).
Issue of Consideration
Whether an externment order under Sections 56 and 59 of the Bombay Police Act, 1951, which externs a person from five districts, is excessive when the alleged prejudicial activities are confined to a single police station area within one district.
Final Decision
The impugned order dated 07.10.2014 passed by the Sub-Divisional Magistrate, Parbhani in Case No. 2013/BPA/Exten is quashed and set aside. The application is allowed. Rule is made absolute.
Law Points
- Externment order must be proportionate to the area of alleged prejudicial activities
- Subjective satisfaction must be recorded with reasons
- Section 482 CrPC can be invoked to quash excessive externment orders
Case Details
2015 LawText (BOM) (01) 7
Criminal Application No. 6414 of 2014
Mrs. Fatema Kazi h/f Mr. S.S. Kazi for applicant; Smt. M.P. Patni for respondents
Mohd. Ashfaq S/o Shaikh Ismail
The State of Maharashtra through Police Inspector, Nanalpeth Police Station, Parbhani; The Sub-Divisional Magistrate, Parbhani
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing an externment order
Remedy Sought
Quashing and setting aside the externment order dated 07.10.2014 passed by the Sub-Divisional Magistrate, Parbhani
Filing Reason
The applicant was externed from five districts despite alleged prejudicial activities being confined to Nanalpeth area in Parbhani district
Previous Decisions
Externment order dated 07.10.2014 passed by Sub-Divisional Magistrate, Parbhani in Case No. 2013/BPA/Exten
Issues
Whether the externment order is excessive and disproportionate to the alleged prejudicial activities
Submissions/Arguments
Applicant's counsel argued that the externment order is excessive as the alleged activities are confined to Nanalpeth area in Parbhani, but the applicant is externed from five districts (Parbhani, Hingoli, Nanded, Jalna, Latur).
State's counsel argued that the order is in conformity with the material on record and within the provisions of Sections 56 and 59 of the Bombay Police Act, 1951.
Ratio Decidendi
An externment order under Sections 56 and 59 of the Bombay Police Act, 1951 must be proportionate to the area of alleged prejudicial activities. Externment from multiple districts without any justification based on localized activities is excessive and liable to be quashed under Section 482 CrPC.
Judgment Excerpts
the learned counsel appearing for the applicant confined her arguments to only one ground that, without recording subjective satisfaction and reasons in the externment order, the applicant is externed from five districts i.e. Parbhani, Hingoli, Nanded, Jalna and Latur.
the order is excessive, in as much as, the applicant is externed from Hingoli, Nanded, Jalna and Latur districts.
Since the application is confined only to the ground that, the externment order is excessive... we are confining our adjudication to the aforesaid ground alone.
the alleged prejudicial activities of the applicant are confined to Nanalpeth area at Parbhani... the applicant is externed from five districts... the order is excessive.
Procedural History
The Sub-Divisional Magistrate, Parbhani passed an externment order dated 07.10.2014 in Case No. 2013/BPA/Exten under Sections 56 and 59 of the Bombay Police Act, 1951, externing the applicant from five districts. The applicant filed Criminal Application No. 6414 of 2014 under Section 482 CrPC before the Bombay High Court, Aurangabad Bench, seeking quashing of the order. The High Court heard the matter and delivered judgment on 07.01.2015.
Acts & Sections
- Criminal Procedure Code, 1973: Section 482
- Bombay Police Act, 1951: Sections 56, 59
