Case Note & Summary
The petitioner, a shopkeeper running a bag business in Dhule, challenged an externment order passed by the Superintendent of Police, Dhule, under Section 55 of the Maharashtra Police Act, 1951, externing him from Dhule district for two years. Earlier, in 2015, a similar externment proposal was dropped by the Sub-Divisional Magistrate. Subsequently, in 2017, fresh proceedings were initiated based on statements of witnesses recorded on 2 September 2017. A show-cause notice was issued on 12 September 2017, and the petitioner responded. However, the Superintendent of Police passed the externment order on 27 October 2017, citing offences from 2011 to 2015 and alleging that the petitioner operated as part of a gang. The petitioner's appeal before the Divisional Commissioner, Nashik, was dismissed in December 2017, confirming the externment. During the writ petition hearing, it came to light that the Divisional Commissioner had allowed appeals of other alleged gang members against whom identical orders were passed. The High Court found that there was no live link or proximity between the old offences and the externment proceedings; the authorities mechanically relied on stale offences without recent material. Additionally, the inconsistent treatment of co-externees by the appellate authority demonstrated total non-application of mind. Consequently, the court held that the externment order and the appellate order were legally unsustainable. The petition was allowed, and both orders were quashed and set aside, making the rule absolute with no order as to costs.
Headnote
A) Criminal Procedure - Externment - Live Link - Maharashtra Police Act, 1951, Section 55 - The court held that for externment, there must be a live link and proximity between the offences registered and the initiation of proceedings; mere reference to stale offences from years prior (2011-2015) without any recent material vitiates the order - Held that externment order invalid due to lack of live link (Paras 8-9). B) Administrative Law - Non-Application of Mind - Gang Externment - Maharashtra Police Act, 1951 - The appellate authority dismissed the petitioner's appeal while allowing appeals of other alleged gang members on the same facts, indicating non-application of mind - Held that such inconsistent approach renders the order unsustainable (Paras 10-11).
Issue of Consideration
Whether the externment order passed under Section 55 of the Maharashtra Police Act, 1951 is valid when there is no live link between the offences and the externment proceedings, and when the appellate authority has inconsistently dealt with co-externees?
Final Decision
Writ petition allowed; externment order dated 27.10.2017 and appellate order dated December 2017 quashed; rule made absolute in terms of prayer clause 'C'.
Law Points
- Externment under Maharashtra Police Act requires live link between offences and action
- past externment proceedings dropped cannot be revived without fresh material
- appellate authority must apply mind consistently to similarly placed persons
- lack of proximity renders externment invalid
