Case Note & Summary
The petitioner, Rajesh Jiwan Jangle, a businessman running a hotel and owning a godown in Nagpur, challenged an externment order passed by the Deputy Commissioner of Police and confirmed by the Divisional Commissioner. The petitioner claimed he was falsely prosecuted by police on suspicion. A show cause notice under Section 59 of the Bombay Police Act, 1951 was issued on 15.3.2017 for proposed action under Section 56(1)(a)(b). The petitioner alleged that he went to the office of respondent no.2 with witnesses to submit his explanation, but the officer was absent on multiple occasions, and thus no opportunity of hearing was given before forming the opinion to extern. The court considered whether the externment order was sustainable without a proper hearing. The petitioner argued that the failure to provide a hearing violated principles of natural justice. The respondents did not contest the factual assertion. The court held that the externment order was passed in violation of natural justice as the petitioner was not afforded a reasonable opportunity to be heard. Consequently, the court quashed the externment order and the appellate order, allowing the writ petition.
Headnote
A) Criminal Law - Externment - Natural Justice - Section 56(1)(a)(b) read with Section 59 of Bombay Police Act, 1951 - Show cause notice must be followed by a genuine opportunity of hearing - Petitioner alleged that he visited the office of the authority multiple times but the officer was absent, resulting in no hearing - Held that failure to provide an opportunity vitiates the externment order (Paras 4-6).
Issue of Consideration
Whether the externment order passed under Section 56(1)(a)(b) of the Bombay Police Act, 1951 is sustainable when the petitioner was not afforded a proper opportunity of hearing as required under Section 59 of the Act.
Final Decision
The court allowed the writ petition, quashing the externment order No.04 of 2017 dated 10.4.2017 passed by respondent no.3 and the appellate order in Appeal No.13 of 2017 passed by respondent no.1.
Law Points
- Natural justice
- Externment order
- Show cause notice
- Opportunity of hearing
- Bombay Police Act
- 1951
- Sections 56 and 59
