Case Note & Summary
The petitioner, Anna s/o Bhimrao Dhavale, challenged an externment order dated 16.06.2016 passed by the Divisional Commissioner, Nashik Division, in Externment Appeal No.12/2016, which confirmed an earlier externment order issued by the Sub Divisional Magistrate, Karjat, under Section 56 of the Maharashtra Police Act, 1951. The petitioner contended that the notice issued on 13.05.2015 and the subsequent proceedings were based on vague allegations without any specific instances of prejudicial activity. The court examined the notice and found that it merely stated that the petitioner was involved in activities dangerous to public order and safety, but did not provide any material particulars such as dates, times, or specific incidents. The court held that such vague allegations cannot justify an externment order, as Section 56 requires a clear showing of danger to public order or safety. The appellate authority's order was also found to be perverse as it failed to independently assess the lack of specific instances. Consequently, the court quashed the externment order and allowed the petition.
Headnote
A) Maharashtra Police Act - Externment - Section 56 - Requirement of Specific Instances - The externment order under Section 56 of the Maharashtra Police Act, 1951, must be based on specific instances of prejudicial activity indicating danger to public order or safety. Vague allegations without material particulars cannot sustain such an order. The court held that the notice and proceedings lacked specific instances, rendering the externment order invalid (Paras 2-5). B) Maharashtra Police Act - Notice under Section 59 - Material Particulars - The notice issued under Section 59 of the Maharashtra Police Act, 1951, must contain material particulars of the alleged prejudicial activities to enable the person to effectively defend. The court found that the notice dated 13.05.2015 did not disclose any specific instances, thus violating principles of natural justice (Paras 3-4). C) Maharashtra Police Act - Appellate Authority - Duty to Consider - The appellate authority under Section 60 of the Maharashtra Police Act, 1951, must independently assess the evidence and material on record. The court noted that the Divisional Commissioner failed to properly consider the lack of specific instances, leading to a perverse order (Paras 2, 5).
Issue of Consideration
Whether the externment order passed under Section 56 of the Maharashtra Police Act, 1951, and confirmed in appeal, was sustainable in law given the lack of specific instances of danger to public order or safety.
Final Decision
The court allowed the petition, quashed the externment order dated 16.06.2016 passed by the Divisional Commissioner, Nashik Division, in Externment Appeal No.12/2016, and set aside the notice dated 13.05.2015. Rule made absolute.
Law Points
- Externment order must be based on specific instances of prejudicial activity
- not vague allegations
- Notice under Section 59 of Maharashtra Police Act must contain material particulars
- Appellate authority must independently assess evidence
- Burden on State to justify externment.
