Case Note & Summary
The petitioner, Nitin Kakade, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging an externment order dated 25.01.2017 passed by the Divisional Commissioner, Nashik, which modified an earlier order dated 12.01.2017 passed by the Sub Divisional Magistrate, Pathardi, in Externment Case No. SR-6/2016. The petitioner contended that the externment proceedings were initiated out of political rivalry during the Zilla Parishad elections in 2012, with the help of police and revenue authorities. He was externed for three months from Ahmednagar, Beed, and Aurangabad districts. The petitioner had previously filed Writ Petition No. 524/2012 challenging a similar externment. The court heard the matter and found that the externment order was not based on any credible material showing the petitioner to be a dangerous person. The court noted that mere registration of criminal cases or political rivalry does not justify externment. The court quashed and set aside the impugned order dated 25.01.2017 passed by the Divisional Commissioner and the order dated 12.01.2017 passed by the Sub Divisional Magistrate. The writ petition was allowed, and rule was made absolute.
Headnote
A) Criminal Law - Externment - Section 56 of Maharashtra Police Act, 1951 - Requirement of Material - The externment order must be based on specific material indicating that the person is dangerous or harmful to the community. Mere registration of criminal cases or political rivalry does not justify externment. The court held that the subjective satisfaction of the authority must be based on objective material. (Paras 1-3) B) Criminal Law - Externment - Political Rivalry - Abuse of Process - Externment proceedings initiated due to political rivalry and at the behest of police and revenue authorities are an abuse of process. The court held that such orders cannot be sustained as they are mala fide. (Paras 3-4) C) Criminal Law - Externment - Appeal - Modification - The Divisional Commissioner modified the externment order but the court found that the original order itself was without basis. The court quashed both the original order and the appellate order. (Paras 2-4)
Issue of Consideration
Whether the externment order passed under Section 56 of the Maharashtra Police Act, 1951 against the petitioner was legally sustainable in the absence of credible material showing him to be a dangerous person
Final Decision
The court allowed the writ petition, quashed and set aside the order dated 25.01.2017 passed by the Divisional Commissioner, Nashik, and the order dated 12.01.2017 passed by the Sub Divisional Magistrate, Pathardi. Rule made absolute.
Law Points
- Externment order requires material to show person is dangerous or harmful
- mere political rivalry and past cases insufficient
- externment cannot be based on vague allegations
