Case Note & Summary
The applicant, Vinay @ Mukka s/o Chawariya, challenged an externment order passed by the Deputy Commissioner of Police, Zone-I, Nagpur City on 05/04/2016, which externed him for two years under the Maharashtra Police Act. The show cause notice mentioned six offences, but after the applicant's reply, only two offences (Crime No.43/2014 and Crime No.220/2015) along with incamera statements were considered by the original authority. The applicant appealed to the Divisional Commissioner, who found that Crime No.43/2014 was registered against the applicant's brother and thus ignored it, but nonetheless maintained the externment by relying on the other four offences that had been discarded by the original authority. The applicant contended that this was done without giving him any opportunity of hearing. The High Court held that the appellate authority cannot rely on material discarded by the original authority without providing the applicant an opportunity to be heard. The court quashed the externment order and allowed the application.
Headnote
A) Criminal Law - Externment - Maharashtra Police Act, 1951 - Section 56 - Appellate Authority's Powers - Appellate authority cannot rely on material discarded by original authority without providing opportunity of hearing to the applicant - Held that the appellate authority's exercise of accepting rejected material without notice to the applicant vitiates the order (Paras 2-4).
Issue of Consideration
Whether the appellate authority under the Maharashtra Police Act can sustain an externment order by relying on material that was discarded by the original authority without giving the applicant an opportunity of hearing
Final Decision
Application allowed. Externment order dated 05/04/2016 passed by Deputy Commissioner of Police, Zone-I, Nagpur City and confirmed by Divisional Commissioner, Nagpur Division, Nagpur on 20/07/2016 is quashed and set aside.
Law Points
- Externment order must be based on live link with incamera statements
- Appellate authority cannot rely on material discarded by original authority without providing opportunity of hearing
Case Details
2016 LawText (BOM) (12) 92
Criminal Application (APL) No.706 of 2016
B. P. Dharmadhikari, Kum. Indira Jain
Shri R. R. Vyas for applicant, Ms K. Joshi, Addl. PP for nonapplicants
Vinay @ Mukka s/o Chawariya
Divisional Commissioner, Nagpur Division, Nagpur; Deputy Commissioner of Police, ZoneI, Nagpur City, Nagpur; Assistant Commissioner of Police, Sitabuldi, Nagpur
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Nature of Litigation
Criminal application challenging externment order under Maharashtra Police Act
Remedy Sought
Quashing of externment order dated 05/04/2016 passed by Deputy Commissioner of Police and confirmed by Divisional Commissioner
Filing Reason
Appellate authority relied on material discarded by original authority without giving opportunity of hearing
Previous Decisions
Deputy Commissioner of Police passed externment order on 05/04/2016; Divisional Commissioner dismissed appeal on 20/07/2016
Issues
Whether the appellate authority can sustain an externment order by relying on material discarded by the original authority without providing an opportunity of hearing to the applicant
Submissions/Arguments
Applicant argued that only two offences were considered by original authority, but appellate authority relied on four discarded offences without hearing
State argued that appellate authority has same powers as original authority and can consider entire material afresh
Ratio Decidendi
An appellate authority under the Maharashtra Police Act cannot rely on material that was discarded by the original authority without providing the applicant an opportunity of hearing, as it would violate principles of natural justice.
Judgment Excerpts
This exercise of accepting the rejected material has been undertaken without any opportunity to applicant.
Error of original authority in considering Crime No.43/2014 has been corrected and that crime has been deleted from consideration.
Procedural History
Show cause notice issued to applicant; applicant filed reply; Deputy Commissioner of Police passed externment order on 05/04/2016; applicant appealed to Divisional Commissioner; Divisional Commissioner dismissed appeal on 20/07/2016; applicant filed criminal application before High Court on 09/12/2016.
Acts & Sections
- Maharashtra Police Act, 1951: Section 56
