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Bombay High Court Quashes Externment Order Due to Invalid Show Cause Notice — Show Cause Notice Under Section 59 Mumbai Police Act Must Be Issued by Externing Authority or Duly Authorized Officer; Notice Issued by Assistant Commissioner Without Authorization Renders Externment Proceedings Void.

The petitioner, Shri Perumal Arsan Madrasi, challenged an externment order dated 07.09.2010 passed by the Deputy Commissioner of Police, Zone-IV, Ulha...

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Bombay High Court Quashes Externment Order Under Section 56 of Bombay Police Act Due to Lack of Satisfaction Regarding Public Harm. Failure to Record That Petitioner's Activities Caused Alarm or Danger to Person or Property Renders Externment Order Invalid.

The petitioner, Krishna Vijay Lalbegi, challenged an externment order passed by the Sub-Divisional Magistrate, Ahmednagar, under Section 56 of the Bom...

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Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act, 1951 — Failure to Supply Documents and Provide Sufficient Time for Representation Violates Natural Justice.

The petitioner, Mahavir Saremal Jain, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court chall...

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Bombay High Court Quashes Externment Order in Maharashtra Police Act Case Due to Non-Application of Mind. Petitioner's Acquittal in One Crime Not Considered, In-Camera Statements Defective.

The petitioner, Ashish Makeshwar, challenged an externment order passed by the Deputy Commissioner of Police, Amravati, under Section 56(1)(a)&(b) of ...

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Bombay High Court Quashes Externment Order Due to Inordinate Delay and Non-Application of Mind — Maharashtra Police Act, 1951, Section 56. Externment order set aside as stale offences, acquittals ignored, and stereotype witness statements violated principles of natural justice.

The petitioner, Kishor Rambhaoji Narad, challenged an externment order passed by the Sub-Divisional Magistrate, Warora, under Section 56 of the Mahara...

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Bombay High Court Quashes Externment Order in Maharashtra Police Act Case for Lack of Recorded Subjective Satisfaction Regarding Witness Fear. Failure to Demonstrate Live Link Between Offences and Externment Area Renders Order Invalid Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951.

In a criminal writ petition before the Bombay High Court, the petitioner challenged an externment order passed by the Sub-Divisional Police Officer an...