Case Note & Summary
The petitioner, Ravindra @ Ravi S/o Harisingh Jadhav, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad, challenging an externment order dated 4/8/2014 passed by the Sub-Divisional Magistrate, Jalna Sub-Division, Jalna. The order externed the petitioner from the boundaries of Jalna and Aurangabad districts for a period of two years under Sections 56 and 59 of the Bombay Police Act, 1951. The petitioner's counsel argued that the order was excessive because the alleged prejudicial activities mentioned in the show-cause notice were confined to the Kadim Jalna area in Jalna district, yet the externment extended to two districts without recording any subjective satisfaction or reasons for such extension. The State, represented by the Additional Public Prosecutor, contended that the order was in conformity with the material on record and within the provisions of the Act. The court, after perusing the original record, show-cause notice, and impugned order, confined its adjudication to the ground of excessiveness. The court found that the show-cause notice only mentioned activities in Kadim Jalna area, and the externment order did not record any subjective satisfaction or reasons for externing the petitioner from two districts. Relying on the requirement of Section 56 of the Bombay Police Act, the court held that the order was excessive and not sustainable. Consequently, the court quashed and set aside the impugned order to the extent it externed the petitioner from Aurangabad district, modifying the externment to be confined to Jalna district only. The petition was partly allowed.
Headnote
A) Criminal Law - Externment - Proportionality - Section 56 Bombay Police Act, 1951 - Externment order externing petitioner from two districts without recording subjective satisfaction that activities extend beyond one district is excessive and unsustainable - Held that the order must be confined to the area where prejudicial activities are alleged, and reasons for extending to multiple districts must be recorded (Paras 2-6).
Issue of Consideration
Whether the externment order externing the petitioner from two districts (Jalna and Aurangabad) is excessive and without recording subjective satisfaction as required under Section 56 of the Bombay Police Act, 1951.
Final Decision
The petition is partly allowed. The impugned order dated 4/8/2014 passed by the Sub-Divisional Magistrate, Jalna is quashed and set aside to the extent it externs the petitioner from Aurangabad district. The externment order is modified to confine the externment to Jalna district only.
Law Points
- Externment order must be based on subjective satisfaction
- Externment area must be proportionate to alleged activities
- Section 56 Bombay Police Act requires recording of reasons for extending externment beyond one district
