Bombay High Court
Bhujang Janradhan Mahalle vs State Of Mah. Thr. Secretary Ministry Of ... on 22 January, 2024
Author: M.W. Chandwani
Bench: M.W. Chandwani
2024:BHC-NAG:874
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO.794/2023
Bhujang S/o Janardan Mahalle,
Aged about 52 years, Occ. Agriculturist,
R/o. Tekadi, Tah. Parshioni, Dist. Nagpur.
....PETITIONER
...V E R S U S...
1. The State of Maharashtra,
Through Secretary, Ministry of Home
Affairs, Mantralaya, Mumbai.
2. The Divisional Commissioner,
Nagpur Division, Old Secretariat
Building, Civil Lines, Nagpur.
3. Sub-Divisional Magistrate,
Sub-Division, Ramtek, Dist. Nagpur.
4. Sub-Divisional Police Officer,
Sub-Division, Kamptee, Dist. Nagpur.
5. Police Station Officer, Kanhan. ...RESPONDENTS
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Shri S.G. Karmarkar, Advocate for petitioner.
Shri Alap Palshikar, A.P.P. for respondents.
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CORAM:- M.W. CHANDWANI, J.
ARGUMENTS WERE HEARD ON : 11th JANUARY 2024.
JUDGMENT PRONOUNCED ON : 22nd JANUARY 2024.
JUDGMENT:
. Rule. Rule made returnable forthwith. Heard finally
with consent of the learned counsel for the parties.
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2. The petitioner challenges the order of exeternment
dated 29.08.2023 passed by the respondent no.3 under Section
56(1)(b) of the Maharashtra Police Act (for short, 'the said Act').
The petitioner also lays challenge to the order dated 12.10.2023
passed by the respondent no.2 in Appeal No.47/2023 dismissing
the appeal against the order dated 29.08.2023.
The necessary facts, which gives rise to the present
petition, can be stated as under:
3. A proposal was initiated by Police Station, Kanhan for
externment of the petitioner under Section 56 of the said Act,
inter alia, alleging that the petitioner is involved in various
criminal activities particularly theft of coal. Number of criminal
cases have been registered against him at Police Station, Kanhan
and he is continuously indulging in the criminal activities. Nobody
comes forward to depose against him. After considering proposal
and in-camera statements as well as findings of the enquiry, the
respondent no.3 passed impugned order thereby externing the
petitioner and directing him to remove himself from Nagpur
district for a period of six months. The petitioner made an
unsuccessful attempt by filing appeal before the respondent no.2.
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The orders of respondent no.3 externing the petitioner as well as
dismissing the appeal are under challenge in this writ petition.
4. Though there are other grounds raised in the petition, Shri
Karmarkar, learned counsel for the petitioner, mainly pressed on
the ground that there is no live link between last crime relied by
the respondent no.3 in the order of externment. There is
inordinate delay in passing the externment order after proposal
was received by the respondent no.2. Therefore, the live link is
nabbed between the last crime and the order of externment.
5. Per contra, Shri Palshikar, learned Additional Public
Prosecutor for respondents, vehemently submits that considering
the history of the petitioner as well as recent crime registered
against him the respondent no.3 has passed externment order.
The petitioner was involved in stealing coal of Western Coalfield
Limited. In spite of registration of offence, he is continuously
indulged in said crime. Even preventive action was also taken but
in vain. Therefore, authority proceeded to extern the petitioner.
Hence, sought rejection of the petition.
6. Perusal of externment order goes to show that the
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respondent no.2 has relied on nine crimes. All are registered
under section 379 of the Indian Penal Code. The last crime i.e.
Crime No.131/2022 relied by the authority was registered against
the petitioner on 13.03.2022 whereas the order of externment has
been passed almost after one year and four months.
7. At the outset it is to be mentioned that the object and
there cannot be any manner of doubt that an order of externment
is an extraordinary measure. Purpose of externment is to offer
protection to the society or people of the locality from constant
fear to their life or property by restricting the movements and
place of residence of a person who created terror in their mind.
The effect of the order of externment is of depriving a citizen of
his fundamental right of free movement throughout the territory
of India. In practical terms, such an order prevents the person
even from staying in his own house along with his family members
during the period for which this order is in subsistence. In a given
case, such order may deprive the person of his livelihood.
Therefore, there must be objective material on the record on the
basis of which the competent authority must record its subjective
satisfaction.
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8. The reasons for externment of the petitioner is that he
is continuously indulged in commission of crime and no witness is
coming forward to depose against him. Externment order dated
29.08.2023 shows that the recent crime which was relied is of
13.03.2022 being stale material having no live link. The stale
material have been considered for subjective satisfaction by the
authority.
9. I have gone also through the statement of witnesses 'A'
and 'B'. None of them stated any specific incident. All they said
about the alleged crimes, registered against the petitioner, which
are almost more than one year old, therefore, there is no live link
between the alleged offence and the object which was sought to be
achieved by the impugned order of externment.
10. The case in hand is clear example of non-application of
mind by the authority. The live link between the alleged offence
and avowed purpose of externment is snapped, which vitiate the
externment order.
11. In view of above, the order impugned externing the
petitioner passed by the respondent no.3 on 29.08.2023 and
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confirmed by the respondent no.2 on 12.10.2023 are hereby
quashed and set aside
12. Rule made absolute in above terms. The petition stands
disposed of.
JUDGE
Wagh
