Case Note & Summary
The petitioner, Iqbaluddin Ziauddin Pirzade, challenged an externment order dated 19.01.2015 passed by the Sub-Divisional Magistrate, Jalgaon, under Section 56(1)(b) and Section 59 of the Bombay Police Act, 1951. The petitioner had received a notice proposing his externment from Jalgaon and adjacent districts based on five crimes registered against him at MIDC Police Station, Jalgaon. He appeared before the Sub-Divisional Police Officer on 25.09.2014 and submitted a written explanation stating that he had been acquitted in three of the five crimes and charge sheet had not been filed in the remaining two. He also annexed documents to show his credentials. Despite this, the Sub-Divisional Magistrate passed the externment order. The petitioner filed a criminal writ petition under Article 227 of the Constitution of India. The court heard the parties and found that the authority had not considered the petitioner's explanation and the fact of acquittal in three cases and non-filing of charge sheet in two cases. The court held that the externment order was passed without application of mind and without forming subjective satisfaction as required under the Act. The court quashed the order and allowed the petition.
Headnote
A) Criminal Law - Externment - Bombay Police Act, 1951 - Sections 56(1)(b) and 59 - Subjective Satisfaction - The externment order was challenged on the ground that the authority did not consider the petitioner's acquittal in three out of five crimes and non-filing of charge sheet in the remaining two. The court held that the authority must apply its mind to the material and form a subjective satisfaction that the person is likely to commit offences or cause danger to public order. Mere registration of crimes without conviction or pending trial does not justify externment. The order was quashed for non-application of mind. (Paras 3-5)
Issue of Consideration
Whether the externment order passed under Section 56(1)(b) and Section 59 of the Bombay Police Act, 1951 is sustainable when the petitioner has been acquitted in most of the crimes and charge sheet has not been filed in the remaining cases.
Final Decision
The court allowed the petition and quashed the externment order dated 19.01.2015 passed by the Sub-Divisional Magistrate, Jalgaon.
Law Points
- Externment order under Bombay Police Act requires subjective satisfaction of the authority based on material showing that the person is likely to commit offences or cause danger to public order
- mere registration of crimes without conviction or pending trial is insufficient
- acquittal in most cases and non-filing of charge sheet in others indicates no imminent threat
- authority must consider explanation and documents submitted by the person.
