The High Court of Bombay set aside an externment order issued by the Police on the grounds that the decision was vitiated, as the authority didn't take cognisance of the acquittal of the externee. The HC observed that as the externment order was based on a case that didn't exist against the externee, it wasn't valid.

The division bench of Justices SS Sinde & MS Karnik was hearing a petition challenging an externment notice issued to Ganesh Bajantri by the Deputy Commissioner of Police (DCP) zone 7. The notice issued on Oct 8, 2019, saidthat Bajantri had been externed from Mumbai & Thane for some months for a crime he had committed eight months ago in Mulund, said the externee’s Lawyer Advocate Ganesh Gupta.

Gupta informed the Court that the DCP’s externment order was confirmed by the division commissioner on Dec 2, 2019. He further submitted that though his client had responded to the show-cause notice before the externment notice was issued in his name, the externment wasn't paid heed to. He further submitted that while no reason was stated for the externment, Bajantari was acquitted of the crime. However, the authority did not take cognisance of these facts nor did it follow due process, & hence the externment order deserved to be quashed.

The additional Govt pleader said that the externment order was justified as there were 3 other complaints registered against Bajantari that were pending investigation.

After hearing the arguments, the Court observed that the externment authority had overlooked facts & not followed due procedure, & hence it was set aside the order.

“The externing authority has proceeded on the footing that the offences are registered against the petitioner under Chapter 16 & 17 of the Indian Penal Code, when as a matter of fact, there is no offence registered against the petitioner under Chapter 17 of the Indian Penal Code, which shows total non-application of mind in passing the impugned order. The learned counsel for the petitioner argued that the externment order is also vitiated on the ground that live nexus between his activities & the necessity of externing him has snapped.” 

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