Case Note & Summary
The petitioners, eleven individuals from Karad and Sangli, challenged externment orders passed by the Divisional Commissioner, Pune, under Section 56 of the Maharashtra Police Act, 1951. The orders directed them to remove themselves from the limits of Satara and Sangli districts for a period of two years. The petitioners contended that the orders were passed without proper application of mind, based on vague and stale incidents, and in violation of principles of natural justice. The court examined the show-cause notices and the material on record, finding that the notices did not specify the precise nature of the alleged activities and that the externment authority had merely relied on police reports without independent verification. The court held that externment is a drastic measure affecting personal liberty and must be based on subjective satisfaction derived from credible material. Since the orders were founded on vague allegations and lacked proper hearing, they were quashed. The court allowed the petitions and set aside the externment orders.
Headnote
A) Maharashtra Police Act - Externment - Section 56 - Principles of Natural Justice - Externment orders quashed as they were passed without giving adequate opportunity of hearing to the petitioners and were based on vague and stale incidents - Held that the authority must record subjective satisfaction based on credible material and not merely on police reports (Paras 10-15). B) Maharashtra Police Act - Externment - Section 56 - Vague Allegations - Externment orders set aside where the notices did not specify the precise nature of the alleged activities and the material relied upon was insufficient - Held that externment cannot be ordered on the basis of general and unspecific allegations (Paras 16-20).
Issue of Consideration
Whether the externment orders passed under Section 56 of the Maharashtra Police Act, 1951 are sustainable when they are based on vague allegations and without proper application of mind.
Final Decision
The court allowed the petitions and quashed the externment orders passed against the petitioners.
Law Points
- Principles of natural justice
- Externment under Maharashtra Police Act
- Requirement of subjective satisfaction
- Right to be heard
- Proportionality
