Case Note & Summary
The petitioner, Akash Madhukar Patil, challenged an externment order dated 20.01.2017 passed by the Sub-Divisional Magistrate, Bhusawal under Section 56(1)(b) of the Maharashtra Police Act, 1951, externing him from Jalgaon and Dhule districts, and the dismissal of his appeal by the Divisional Commissioner on 28.04.2017, which confirmed the externment to the extent of Jalgaon district. The externment proposal was initiated by the Police Inspector, Bazarpeth Police Station, Bhusawal, on the ground that the petitioner was engaged or about to engage in commission of offences involving force or violence. The Sub-Divisional Police Officer conducted an inquiry under Section 59 of the Act and submitted a report. The petitioner was served a notice of the general nature of allegations, to which he submitted a written statement. After inquiry, the externment order was passed. The petitioner appealed, but the appeal was dismissed. The High Court examined the material relied upon by the externing authority, which included a list of criminal cases registered against the petitioner. The court noted that the cases were for offences under the Indian Penal Code such as theft, house breaking, and receiving stolen property, and none involved force or violence. The court held that the material did not indicate that the petitioner was engaged or about to engage in offences involving force or violence, which is a prerequisite under Section 56(1)(b). The subjective satisfaction of the authority was not based on any credible material. Consequently, the externment order and the appellate order were quashed and set aside. The petition was allowed, and rule was made absolute.
Headnote
A) Maharashtra Police Act - Externment - Section 56(1)(b) - Requirement of Material - The externment order under Section 56(1)(b) requires material to show that the person is engaged or is about to engage in commission of offences involving force or violence. Mere registration of offences is insufficient; the authority must have credible material to form subjective satisfaction. (Paras 4-6) B) Maharashtra Police Act - Externment - Section 56(1)(b) - Subjective Satisfaction - The subjective satisfaction of the externing authority must be based on material on record. In the absence of any material indicating involvement in offences involving force or violence, the order is unsustainable. (Paras 5-6) C) Maharashtra Police Act - Externment - Section 56(1)(b) - Appeal - The appellate authority must independently assess the material. Confirmation of externment without proper application of mind is liable to be set aside. (Para 6)
Issue of Consideration
Whether the externment order passed under Section 56(1)(b) of the Maharashtra Police Act, 1951 and its confirmation by the appellate authority are sustainable when the material relied upon does not indicate that the petitioner is engaged or about to engage in commission of offences involving force or violence
Final Decision
The petition is allowed. The externment order dated 20.01.2017 passed by the Sub-Divisional Magistrate, Bhusawal and the order dated 28.04.2017 passed by the Divisional Commissioner, Nashik dismissing the appeal are quashed and set aside. Rule is made absolute.
Law Points
- Externment order under Section 56(1)(b) of Maharashtra Police Act requires material to show person is engaged or about to engage in offences involving force or violence
- mere registration of offences is insufficient
- subjective satisfaction must be based on credible material
