Case Note & Summary
The petitioner, Kishor Rambhaoji Narad, challenged an externment order passed by the Sub-Divisional Magistrate, Warora, under Section 56 of the Maharashtra Police Act, 1951, externing him from Chandrapur district. The petitioner was a former Sarpanch of Shegaon village (2010-2015) and claimed that the externment was a result of a vendetta due to a Gram Panchayat resolution against a police officer. The proposal for externment was submitted on 30.3.2016, a show cause notice was issued on 20.9.2016, and the final order was passed on 31.7.2017, resulting in a delay of over ten months. The petitioner had been acquitted in three out of six criminal cases cited against him, and the remaining offences were from 2002 to 2013, except one under the Maharashtra Prohibition Act from 2016. The petitioner argued that the delay, reliance on stale offences, failure to consider acquittals, non-supply of witness statements, and non-application of mind by the authority vitiated the order. The court agreed, holding that the inordinate delay indicated lack of urgency, stale offences could not justify externment, acquittals must be considered, witness statements must be supplied and not be stereotype, and the authority must apply its mind. The court quashed the externment order and allowed the petition.
Headnote
A) Criminal Law - Externment - Section 56 Maharashtra Police Act, 1951 - Delay - Inordinate delay of more than ten months between proposal and order vitiates externment proceedings - Held that such delay indicates lack of urgency and renders the order unsustainable (Paras 4, 6). B) Criminal Law - Externment - Stale Offences - Offences from 2002 to 2013 are stale and cannot be the basis for externment under Section 56 - Only recent offences indicating continuing harmful activity can justify externment - Held that reliance on stale offences vitiates the order (Paras 4, 6). C) Criminal Law - Externment - Acquittals - Acquittal in three criminal cases must be considered by the externment authority - Failure to do so shows non-application of mind - Held that ignoring acquittals invalidates the order (Paras 3, 6). D) Criminal Law - Externment - Witness Statements - Statements of witnesses must be supplied to the person sought to be externed - Stereotype statements without specific details cannot be relied upon - Held that non-supply and stereotype nature of statements violates principles of natural justice (Paras 5, 6). E) Criminal Law - Externment - Non-Application of Mind - The Sub-Divisional Magistrate failed to consider the petitioner's reply and did not apply his mind to the material on record - Held that such mechanical exercise of power renders the order illegal (Paras 5, 6).
Issue of Consideration
Whether the externment order passed under Section 56 of the Maharashtra Police Act, 1951 is sustainable when there is inordinate delay in passing the order, stale offences are considered, acquittals are ignored, and the authority failed to supply witness statements and apply its mind.
Final Decision
The court allowed the petition, quashed the externment order dated 31.7.2017 passed by the Sub-Divisional Magistrate, Warora, and made the rule absolute.
Law Points
- Externment order under Section 56 of Maharashtra Police Act must be based on recent offences
- not stale ones
- delay in passing order vitiates proceedings
- acquittals must be considered
- statements of witnesses must be supplied and not be stereotype
- non-application of mind invalidates order
