Case Note & Summary
The petitioner, Pankaj Prakash Shimpi, filed a writ petition under Article 226 of the Constitution of India challenging the externment proceedings initiated against him under Section 56 of the Maharashtra Police Act, 1951. The Assistant Commissioner of Police, Division-III, Nashik issued a show cause notice on 13 November 2015, and after inquiry, the Deputy Commissioner of Police issued a notice on 31 December 2015, stating that the petitioner had committed several acts and offences causing harm, alarm, and danger to life and property, and that witnesses were unwilling to depose against him due to fear. The notice referred to two criminal cases: C.R.No.412 of 2009 under Section 379 IPC and C.R.No.420 of 2009 under Section 379 IPC, both registered at Ambad Police Station. The petitioner submitted his explanation, but the Deputy Commissioner of Police passed an externment order on 29 January 2016, externing the petitioner from Nashik City, Nashik Rural, Malegaon, and Sinnar for a period of two years. The petitioner appealed to the Divisional Commissioner, Nashik, who dismissed the appeal on 29 June 2016. The petitioner then approached the High Court. The court considered whether the externment order was valid. The court noted that the criminal cases were from 2009, and there was no material to show that the petitioner's recent activities caused harm or danger, or that witnesses were unwilling to depose. The court held that the externment order was based on stale and insufficient material, and quashed the order. The court allowed the petition and set aside the externment order and the appellate order.
Headnote
A) Criminal Law - Externment - Section 56 of Maharashtra Police Act, 1951 - Validity of Externment Order - The petitioner challenged an externment order passed under Section 56 of the Maharashtra Police Act, 1951. The court held that the order was based on stale and insufficient material, and there was no evidence to show that witnesses were unwilling to depose against the petitioner due to fear. The externment order was quashed. (Paras 1-26)
Issue of Consideration
Whether the externment order passed against the petitioner under Section 56 of the Maharashtra Police Act, 1951 was valid based on the material on record.
Final Decision
The High Court allowed the petition, quashed the externment order dated 29 January 2016 passed by the Deputy Commissioner of Police, Zone-II, Nashik City, and the appellate order dated 29 June 2016 passed by the Divisional Commissioner, Nashik Division, Nashik.
Law Points
- Externment order under Section 56 of Maharashtra Police Act
- 1951 requires material to show that the person's movements or acts cause harm
- alarm
- or danger to the public
- and that witnesses are unwilling to depose due to fear
- mere registration of criminal cases is insufficient.
