Case Note & Summary
The petitioner, Sopan Satappa Kore, filed a Criminal Writ Petition before the Bombay High Court challenging an externment order dated 28/12/2016 passed by the Divisional Commissioner, Aurangabad, and an order dated 07/10/2016 passed by the Sub Divisional Officer, Osmanabad, under the Maharashtra Police Act, 1951. The petitioner sought a writ of certiorari to quash these orders. The core issue was whether the externment proceedings were valid when the petitioner was not served with a show-cause notice and was not given an opportunity of hearing. The court, after hearing the parties, found that the authorities had failed to comply with the mandatory requirements of Section 56 of the Maharashtra Police Act, 1951, which mandates a show-cause notice and a reasonable opportunity of being heard before passing an externment order. The court held that such non-compliance amounts to a violation of principles of natural justice, rendering the orders unsustainable. Consequently, the court allowed the petition, quashed the impugned orders, and made the rule absolute.
Headnote
A) Constitutional Law - Natural Justice - Externment - Section 56 of the Maharashtra Police Act, 1951 - The court considered whether an externment order passed without issuing a show-cause notice and affording an opportunity of hearing to the petitioner is valid. The court held that the failure to provide notice and hearing vitiates the order as it violates principles of natural justice. (Paras 1-3)
Issue of Consideration
Whether the externment order passed under the Maharashtra Police Act, 1951 is sustainable when the petitioner was not given a show-cause notice and an opportunity of hearing as required by law.
Final Decision
The petition is allowed. The impugned orders dated 28/12/2016 and 07/10/2016 are quashed and set aside. Rule is made absolute.
Law Points
- Natural justice
- Externment
- Show-cause notice
- Opportunity of hearing
- Maharashtra Police Act
- 1951
- Section 56
- Writ of certiorari
Case Details
2017 LawText (BOM) (02) 8
Criminal Writ Petition No.20 of 2017
Mr.N.B.Khandare holding for Mr.G.J.Kore for Petitioner, Mr.S.G.Karlekar APP for Respondent/State
The State of Maharashtra, The Additional Commissioner, The Sub Divisional Officer
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Nature of Litigation
Criminal Writ Petition challenging externment orders passed under the Maharashtra Police Act, 1951.
Remedy Sought
Petitioner sought a writ of certiorari to quash the externment orders dated 28/12/2016 and 07/10/2016.
Filing Reason
Petitioner was externed without being given a show-cause notice and an opportunity of hearing.
Issues
Whether the externment order is sustainable when no show-cause notice and opportunity of hearing was given to the petitioner.
Submissions/Arguments
Petitioner argued that the externment orders were passed without issuing a show-cause notice and without affording an opportunity of hearing, violating principles of natural justice.
Respondent/State argued in support of the orders.
Ratio Decidendi
An externment order passed under Section 56 of the Maharashtra Police Act, 1951 without issuing a show-cause notice and affording an opportunity of hearing is violative of principles of natural justice and cannot be sustained.
Judgment Excerpts
Heard.
Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.
This Petition is filed with the following prayer clause: B] By issuing the writ of certiorari or any other writ, order or direction like in nature the impugned order dated 28/12/2016 in proceeding No. 2016/SAPR/EXTERNMENT/CR126 passed by the Ld.Divisional Commissioner Aurangabad And order dated 07/10/2016 passed by the Sub Divisional Officer Osmanabad.
Procedural History
The petitioner filed a Criminal Writ Petition before the Bombay High Court challenging the externment orders. The court heard the matter and reserved judgment on 31.01.2017, pronouncing it on 02.02.2017.
Acts & Sections
- Maharashtra Police Act, 1951: 56
