Case Note & Summary
The applicant, Syed Noman Hussaini Kausar, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, before the Bombay High Court, Aurangabad Bench, challenging an externment order dated 07.10.2014 passed by the Sub-Divisional Magistrate, Parbhani. The order externed the applicant 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, represented by the Additional Public Prosecutor, defended the order, submitting that it was in conformity with the material on record and the provisions of the Act. The court, after perusing the original record and show-cause notice, confined its adjudication to the ground of excessiveness. It found that the show-cause notice and the externment order did not record any subjective satisfaction or reasons justifying the externment from the other four districts. The court held that the order was excessive and disproportionate, as the applicant's alleged activities were limited to Nanalpeth, Parbhani. Consequently, the court quashed the externment order to the extent of Hingoli, Nanded, Jalna, and Latur districts, while upholding the externment from Parbhani district. The application was partly allowed.
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 district - Court held that externment order was excessive and disproportionate - Quashed the order to the extent of externment from Hingoli, Nanded, Jalna and Latur districts (Paras 3-7).
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 area within one district.
Final Decision
The application is partly allowed. The impugned order dated 07.10.2014 passed by the Sub-Divisional Magistrate, Parbhani is quashed and set aside to the extent of externment of the applicant from Hingoli, Nanded, Jalna and Latur districts. The externment order from Parbhani district is upheld.
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) 8
Criminal Application No. 6415 of 2014
Mrs. Fatema Kazi h/f Mr. S.S. Kazi, Smt. M.P. Patni
Syed Noman Hussaini Kausar
The State of Maharashtra, The Sub-Divisional Magistrate, Parbhani
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing an externment order passed by the Sub-Divisional Magistrate.
Remedy Sought
Quashing and setting aside the impugned externment order dated 07.10.2014.
Filing Reason
The applicant was externed from five districts despite alleged prejudicial activities being confined to one area in Parbhani district.
Previous Decisions
The Sub-Divisional Magistrate, Parbhani passed the externment order on 07.10.2014 in Case No. 2013/BPA/Exten.
Issues
Whether the externment order from five districts is excessive when the alleged activities are confined to a single area within one district.
Submissions/Arguments
Applicant's counsel argued that the order is excessive as the alleged activities are only in Nanalpeth, Parbhani, but the applicant is externed from Hingoli, Nanded, Jalna, and Latur as well.
State's counsel submitted that the order is in conformity with material on record and within the provisions of Sections 56 and 59 of the Bombay Police Act, 1951.
Ratio Decidendi
An externment order must be proportionate to the area of alleged prejudicial activities. Without recording subjective satisfaction or reasons, externment from multiple districts beyond the area of alleged 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.
the externment order is quashed and set aside to the extent of externment of the applicant from Hingoli, Nanded, Jalna and Latur districts.
Procedural History
The Sub-Divisional Magistrate, Parbhani passed an externment order on 07.10.2014 under Sections 56 and 59 of the Bombay Police Act, 1951, externing the applicant from five districts. The applicant filed Criminal Application No. 6415 of 2014 under Section 482 CrPC before the Bombay High Court, Aurangabad Bench, seeking quashing of the order. The 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
