Case Note & Summary
The petitioner, Shafi & Saddam Shoukat Qureshi, challenged an externment order dated 21st January 2016 passed by the Deputy Commissioner of Police (Zonal), Solapur city under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, and the appellate order dated 1st April 2016 passed by the Divisional Commissioner, Pune Division dismissing the appeal under Section 60 of the Act. The factual background involves a notice issued under Section 59 on 15th October 2015 stating that two offences were registered against the petitioner in 2015 (C.R.No. 113 of 2015 and 234 of 2015) and that his acts and movements were causing alarm, harm and danger to residents. In-camera statements of two witnesses (A and B) were recorded. The petitioner contended that the externment order was passed without proper application of mind, the notice lacked specific details, and the appellate authority did not consider his submissions. The court analyzed the provisions of the Maharashtra Police Act, emphasizing that the subjective satisfaction of the authority must be based on material and that the notice must contain specific particulars. The court found that the notice was vague and the in-camera statements were not properly considered. The appellate order was also found to be mechanical. Consequently, the court quashed both the externment order and the appellate order, allowing the petition.
Headnote
A) Maharashtra Police Act - Externment - Section 56(1)(a)(b) - Validity of Order - The externment order was challenged on grounds of non-application of mind and lack of material. The court held that the order was passed without proper consideration of in-camera statements and the notice under Section 59 was vague. The externment was quashed. (Paras 3-10) B) Maharashtra Police Act - Notice under Section 59 - Requirement of Specificity - The notice must contain specific details of the alleged acts causing alarm, harm or danger. The court found the notice lacking in particulars and thus invalid. (Paras 4-6) C) Maharashtra Police Act - Appellate Order under Section 60 - Non-Application of Mind - The appellate authority must independently assess the material. The court held that the appellate order was mechanical and did not consider the petitioner's contentions. (Paras 7-9)
Issue of Consideration
Whether the externment order passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 and the appellate order dismissing the appeal are sustainable in law.
Final Decision
The court allowed the petition, quashing the externment order dated 21st January 2016 and the appellate order dated 1st April 2016.
Law Points
- Externment order under Section 56(1)(a)(b) of Maharashtra Police Act
- 1951 requires subjective satisfaction based on material
- Notice under Section 59 must contain specific details
- In-camera statements must be considered
- Appellate authority must apply mind
