Case Note & Summary
The Bombay High Court at Nagpur Bench heard a batch of criminal writ petitions challenging externment orders passed under Section 56 of the Maharashtra Police Act, 1951. The petitioners, including Pappu @ Akhilesh Shivshankar Mishra, Dhiraj Arun Bamborde, Amol Suresh Mehar, Sandeep @ Sushil Rooplal Samudre, Ashok Mohanlal Parsoya (Rai), and Pramod Ramdas Wanare, were externed from various districts in Maharashtra. The common grievance was that the externment orders were passed without proper application of mind, based on stale and insufficient material, and in violation of principles of natural justice. The court examined the legal framework under Section 56, which empowers the authority to extern a person if satisfied that his movements or acts are causing or are likely to cause harm to public order or safety. The court noted that the subjective satisfaction must be based on credible material and not merely on the registration of offences. It found that in many cases, the material relied upon was old, vague, or did not establish any continuing threat. Additionally, the authority failed to provide copies of the material to the petitioners and did not afford them a proper opportunity to cross-examine witnesses, violating natural justice. The court held that the externment orders were unsustainable and quashed them. The petitions were allowed, and the respondents were directed to release the petitioners from any restraint imposed by the impugned orders.
Headnote
A) Maharashtra Police Act - Externment - Section 56 - Subjective Satisfaction - Externment order must be based on credible material showing that the person's activities are harmful to public order or safety - Mere registration of offences without evidence of actual harm or disturbance is insufficient - Held that the authority must record reasons and consider all relevant material (Paras 10-15). B) Natural Justice - Opportunity of Hearing - Section 56 - Procedural Safeguards - The externment authority must provide the proposed externee with copies of the material relied upon and a meaningful opportunity to cross-examine witnesses - Failure to do so vitiates the order - Held that non-compliance with principles of natural justice renders the order invalid (Paras 16-20). C) Maharashtra Police Act - Externment - Section 56 - Stale Material - Externment orders based on old or stale incidents without showing continuing threat are not sustainable - The authority must consider the proximity of the alleged activities to the date of order - Held that reliance on stale material indicates lack of proper application of mind (Paras 21-25).
Issue of Consideration
Whether externment orders passed under Section 56 of the Maharashtra Police Act, 1951 are sustainable when based on stale or insufficient material and without proper opportunity of hearing.
Final Decision
All the criminal writ petitions are allowed. The impugned externment orders are quashed and set aside. The respondents are directed to release the petitioners from any restraint imposed by the said orders.
Law Points
- Externment order under Section 56 of Maharashtra Police Act
- 1951 requires subjective satisfaction based on credible material
- opportunity of hearing
- and consideration of representation
- failure to provide material relied upon violates principles of natural justice
- mere registration of offences without evidence of activities causing harm to public order is insufficient.
