Bombay High Court
Ganesh Laxman Dhabale vs State Of Maharashtra And Anr on 8 December, 2022
Bench: Amit Borkar
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Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4245 OF 2022
Ganesh Laxman Dhabale ... Petitioner
V/s.
The State of Maharashtra & Ors. ... Respondents
Mr. Ganesh Gupta with Devang Parmar i/b. G G Legal
Associates for the petitioner.
Mr. A.R. Patil, APP for State.
CORAM : AMIT BORKAR, J.
DATED : DECEMBER 8, 2022
P.C.:
1. The principle grievance raised in the writ petition is inaction
on the part of the appellate authority to decide the statutory
appeal of the petitioner. The order of externment is dated 23 rd
August 2022. The petitioner has been externed for a period of
eight (8) months. On 20th September 2022, the petitioner has filed
an appeal before the appellate authority.
2. In Paragraph 6, the petitioner has stated that the post of
Divisional Commissioner, Konkan Division, Navi Mumbai is vacant
and the charge has been handed over to the Collector, Raigad.
3. The Apex court in the case of Deepak Laxman Dongre v.
State of Maharashtra reported in 2022 SCC Online 99 : AIR
2022 SC 1241 has observed that section 56 of the Maharashtra
Police Act, 1951 makes serious inroads on the personal liberty of a
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citizen guaranteed under Article 19(1)(d) of the Constitution of
India. Relying on the judgment in Pandhiranath Shridhar
Ragnnekar v/s. Dy. Commissioner of Police, State of
Maharashtra, reported in (1973) 1 SCC 372, it has been held
that the order of externment is extraordinary measure having
effect of depriving a citizen of his fundamental right of free
movement throughout the territory of India. Therefore, it is the
statutory duty on the part of the appellate authority to decide the
statutory appeal filed against the order of externment as
expeditiously as possible, so that the liberty of an individual is
protected. It is expected of the appellate authority to decide the
appeal within a reasonable period. The reasonable period has
nexus with the period of externment imposed under the impugned
order. In a case where a person has been externed for a period of
eight (8) months and his appeal having been filed in the month of
September 2022, cannot be kept pending till December of 2022.
Such a conduct would amount to virtually depriving a citizen of
statutory remedy against the order of externment.
4. It has been observed in a large number of matters that the
appellate authority is not deciding the externment appeals
expeditiously. It is submitted that in some matters the dates are
fixed after six (6) months and even in cases where the order of
externment is for a period of six (6) months or more, the appellate
authority is not hearing the appeal expeditiously.
5. The petitioner in paragraph 6 has stated on oath that the
post of Divisional Commissioner, Konkan Division, Navi Mumbai is
vacant and the charge has been handed over to the Collector
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Raigad. This Court can take judicial notice of the fact that the
Collector is already performing quasi judicial statutory duties
under various Acts. It would be almost impossible for the Collector
to decide such appeals immediately or as expeditiously as possible.
It is, therefore, necessary that the State Government shall take
immediate steps to fill in the post of Divisional Commissioner,
Division Konkan, Navi Mumbai, so that the appeals are heard by
the competent authority.
6. The respondent no.1/State of Maharashtra is, therefore,
directed to expeditiously appoint an eligible person as the
Divisional Commissioner, Konkan Division, Navi Mumbai to decide
appeals under section 59 of the Maharashtra Police Act, 1951. The
respondent no.1 shall file affidavit before 5th January 2023.
7. In the facts of the present case, since the petitioner has been
externed for eight (8) months on 23rd August 2022 and the appeal
is pending since September 2022, the appellate authority is
directed to decide the appeal within four (4) weeks from today.
8. The writ petition stands disposed of in above terms. No
costs.
9. For the limited purpose of filing of affidavit, list this writ
petition once again on 5th January 2023.
(AMIT BORKAR, J.)
