Case Note & Summary
The petitioner, Saeed Ahmad Abdul Wahid Chaudhary, is the Secretary of the Social Democratic Party of India (SDPI), a political party registered under Section 29A of the Representation of the People Act, 1951. He challenged an externment order dated 3rd December 2025 passed by the Deputy Commissioner of Police, Zone-6, Chembur, Mumbai, under Section 56(1)(a) and (b) of the Maharashtra Police Act, and the subsequent dismissal of his appeal by the Divisional Commissioner, Konkan Division, on 27th March 2026. The petitioner argued that the externment was based on FIRs mainly under Section 188 IPC for organizing protests against certain government decisions, and that the orders were passed without subjective satisfaction and were mala fide. The respondent-State contended that the petitioner held protests despite refusal of permission and raised slogans, justifying the action. The court observed that the petitioner, in his capacity as party secretary, arranged agitations against government decisions, and the action was taken under Section 56(1)(a) of the Maharashtra Police Act. The court found that the externment order lacked subjective satisfaction and was without basis, as the FIRs did not indicate a threat of offence under Section 56. The court also noted the mala fide nature of the action, aimed at suppressing political dissent. Consequently, the court quashed the externment order and the appellate order, allowing the writ petition.
Headnote
A) Constitutional Law - Preventive Detention - Externment - Section 56 Maharashtra Police Act - Subjective Satisfaction - The court examined whether the externment order was based on proper subjective satisfaction of the authority. Held that the order was passed without any basis and without subjective satisfaction, as the FIRs were mainly under Section 188 IPC for organizing protests without permission, which does not indicate a threat of offence under Section 56. (Paras 2-5)
B) Criminal Law - Externment - Mala Fide - Section 56 Maharashtra Police Act - Political Dissent - The court considered the argument that the externment was mala fide, aimed at suppressing political dissent by the petitioner's party. Held that the action taken was mala fide and without basis, as the petitioner was merely exercising his right to protest against government decisions. (Paras 3-5)
C) Criminal Law - Externment - Section 56 Maharashtra Police Act - Right to Protest - The court noted that the petitioner, as Secretary of a registered political party, organized agitations/morchas/dharnas against government decisions. Held that such political activities cannot be grounds for externment without evidence of likelihood of committing offences endangering public order. (Paras 3-5)
Issue of Consideration
Whether the externment order passed under Section 56(1)(a) and (b) of the Maharashtra Police Act against the petitioner, who is the Secretary of a political party, is valid and based on subjective satisfaction, or whether it is mala fide and violative of fundamental rights.
Final Decision
The court quashed the externment order dated 3rd December 2025 passed by the Deputy Commissioner of Police, Zone-6, Chembur, Mumbai and the order dated 27th March 2026 passed by the Divisional Commissioner, Konkan Division, allowing the writ petition.
Law Points
- Externment order under Section 56 Maharashtra Police Act requires subjective satisfaction of likelihood of offence
- Political dissent cannot be curbed by externment without evidence of threat to public order
- Mala fide action vitiates administrative orders
Case Details
2026 LawText (BOM) (07) 17
Writ Petition No.1700 of 2026
Ms. Payoshi Roy a/w Ulkesh Gangurde & Palak Dubey i/b Ibraheem K. M. for Petitioner, Ms. S. M. Yadav, APP for Respondent-State
Saeed Ahmad Abdul Wahid Chaudhary
The State of Maharashtra & Anr.
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Nature of Litigation
Writ petition challenging externment order under Section 56 of Maharashtra Police Act and appellate order.
Remedy Sought
Quashing of externment order dated 3rd December 2025 and appellate order dated 27th March 2026.
Filing Reason
Petitioner, Secretary of a political party, was externed under Section 56 of Maharashtra Police Act for organizing protests against government decisions; he claims the orders are without subjective satisfaction and mala fide.
Previous Decisions
Externment order passed by Deputy Commissioner of Police, Zone-6, Chembur, Mumbai on 3rd December 2025; appeal dismissed by Divisional Commissioner, Konkan Division on 27th March 2026.
Issues
Whether the externment order under Section 56 of Maharashtra Police Act was based on subjective satisfaction?
Whether the externment order was mala fide and aimed at suppressing political dissent?
Submissions/Arguments
Petitioner: The externment is based on FIRs under Section 188 IPC for organizing protests against government decisions; no subjective satisfaction; action is mala fide. Relied on Anuradha Bhasin v. Union of India and Mohmmad Kaleem Taufiq Ahmed Siddiqui v. State of Gujarat.
Respondent: The petitioner held protests despite refusal of permission and raised slogans; action is in accordance with law.
Ratio Decidendi
An externment order under Section 56 of the Maharashtra Police Act requires subjective satisfaction of the authority that the person is likely to commit an offence endangering public order. Organizing political protests against government decisions, even without permission, does not per se justify externment without evidence of threat to public order. The order was passed without basis and was mala fide.
Judgment Excerpts
The challenge in this Writ Petition filed under Articles 226 and 227 of the Constitution of India is to the Order dated 3rd December 2025 passed by the Deputy Commissioner of Police, Zone-6, Chembur, Mumbai in Externment Order No. 472/C/43 as also the Order dated 27th March 2026 passed by the Divisional Commissioner, Konkan Division in Externment Appeal No. 188/2025.
It is the submission of Ms. Roy, learned Counsel for the Petitioner that the Petitioner is belonging to the Social Democratic Party of India (SDPI), which is registered with the Election Commission of India under Section 29A of the Representation of the People Act, 1951 as a political party.
She submits that therefore the impugned Orders of Externment passed under Sub-Section 1(a) and 1(b) of Section 56 of the Maharashtra Police Act have been passed without any subjective satisfaction and without any basis for the same. It is further submitted that the action taken is mala fide action.
It is an admitted position that, the Petitioner in his capacity as the Secretary of the Social Democratic Party of India, has arranged agitations/morchas/dharnas with respect to the certain decisions taken by the Government of India.
Procedural History
The Deputy Commissioner of Police, Zone-6, Chembur, Mumbai passed an externment order on 3rd December 2025 under Section 56(1)(a) and (b) of the Maharashtra Police Act. The petitioner appealed to the Divisional Commissioner, Konkan Division, which dismissed the appeal on 27th March 2026. The petitioner then filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, which was heard and allowed on 2nd July 2026.
Acts & Sections
- Constitution of India: Articles 226, 227
- Maharashtra Police Act: Section 56(1)(a), Section 56(1)(b)
- Indian Penal Code, 1860: Section 188
- Representation of the People Act, 1951: Section 29A
