Case Note & Summary
The petitioner, Vishnu Pandurang Pathrod, a labourer residing in Bhusawal, challenged an externment order passed by the Sub-Divisional Magistrate, Bhusawal, dated 15/11/2016, and confirmed by the Divisional Commissioner, Nashik, on 28/04/2017. The externment order was passed under Section 56 of the Maharashtra Police Act, 1951, directing the petitioner to remove himself from the limits of Jalgaon district for a period of two years. The petitioner contended that the show cause notice issued to him did not specify the grounds on which the externment was proposed, and the order was based on vague and general allegations without any specific instances. The respondents argued that the order was passed after following due procedure and considering the material on record. The High Court examined the show cause notice and found that it merely stated that the petitioner was a dangerous person and his movements were causing terror, without specifying any particular incidents or details. The Court held that the show cause notice was defective as it did not disclose the grounds for externment, thereby depriving the petitioner of an opportunity to effectively respond. The Court further observed that the externment order itself was based on vague allegations and lacked application of mind by the authority. The Court quashed the externment order and the confirming order, allowing the petition.
Headnote
A) Maharashtra Police Act - Externment - Section 56 - Show Cause Notice - The show cause notice must specify the grounds on which the proposed externment is sought, failing which the notice is defective and the subsequent order is liable to be quashed. (Paras 7-9) B) Maharashtra Police Act - Externment - Section 56 - Vague Allegations - An externment order based on vague and general allegations without specific instances of the petitioner's activities causing fear or danger is unsustainable. (Paras 10-12) C) Maharashtra Police Act - Externment - Section 56 - Non-Application of Mind - The authority must apply its mind to the material on record and record satisfaction that witnesses are unwilling to come forward due to fear; failure to do so renders the order invalid. (Paras 13-15)
Issue of Consideration
Whether the externment order passed under Section 56 of the Maharashtra Police Act, 1951 is sustainable when the show cause notice does not specify the grounds and the order is based on vague allegations without proper application of mind.
Final Decision
The petition is allowed. The externment order dated 15/11/2016 passed by the Sub-Divisional Magistrate, Bhusawal, and the confirming order dated 28/04/2017 passed by the Divisional Commissioner, Nashik, are quashed and set aside. Rule is made absolute accordingly.
Law Points
- Externment order must be based on specific and clear grounds
- not vague allegations
- Show cause notice must specify the grounds for externment
- Authorities must consider less restrictive measures before passing externment order
- Non-application of mind vitiates the externment order
- Section 56 of Maharashtra Police Act
- 1951 requires satisfaction that witnesses are unwilling to come forward due to fear.
