'Citizens Being Made Slaves Of Indian Govt; If People Protest, Cases Slapped', Says Bombay High Court

Merely because a citizen is opposing certain decisions of the Union Government and raising slogans against it cannot be a ground to extern a citizen from any area, held the Bombay High Court on Thursday (July 2). [2026 LiveLaw (Bom) 305]

Single-judge Justice Madhav Jamdar came down heavily on the Mumbai Police for passing an externment order against one Saeed Ahmad Abdul Wahid Chaudhary (49), the general secretary of the Socialist Democratic Party of India (SDPI), who had been actively organising Morchas and Dharnas against various decisions of the Central Government— including amendments to the Citizenship Act and the Gyanvapi Masjid controversy.

Perusing the petition, the judge sought to know why such an order externing Saeed for a year was passed by relying on five FIRs lodged against him, mostly for staging protests against the Government of India. 

"What is this? All citizens are being made slaves of Indian Government... They cannot stage protests, they cannot agitate- what is all this? Now so many papers have been leaked. If people protest, you will slap cases... What is this? It is the right of the citizens to protest.... The petitioner has just raised slogans like 'BJP Government Murdabad', 'Amit Shah Murdabad'... Why citizens can't raise such slogans? Why externment orders for such slogans?" Justice Jamdar remarked orally. 

The judge further orally observed that the police cannot extern citizens just because they have opposed the decisions of the government. 

"Police isn't the servants of the Chief Minister or the Prime Minister they are public servants... I am going to impose hefty costs on your officers..." Justice Jamdar orally observed.

Justice Jamdar also commented on the ongoing "horse-trading" in Maharashtra's political arena with Members of Parliaments (MPs) and Members of Legislative Assembly (MLAs) switching parties. This came after the judge noted Saeed belonged to SDPI, a political party.

"Day before yesterday, one 10 year child was killed in an accident and what the State Assembly was discussing - how a Presiding Officer is elected and how he has shifted from one party to the another... What is this? Even you (Saeed) should switch sides... anyways horse trading is going on in entire Maharashtra. You (Saeed) have some FIRs... consider switching cases, there is a washing machine," the judge said in a lighter vein. 

In the dictated order, Justice Jamdar made it clear that mere opposition to the decisions of the Government does not become a ground for externing a citizen and the same, if done, would affect their fundamental right to speech and dignity. 

"The Petitioner acting in his capacity has arranged Morchas and Dharnas against certain decisions taken by the Government of India. That cannot be a ground for a person to be externed under the Maharashtra Police Act. The action taken is mala fide action. Accordingly writ is disposed of with the quashing of the externment order. As per the Articles 19 and 21 of the Constitution of India not only citizens have the freedom to express their opinion but also to live with dignity. The action taken by the respondents against the petitioner for merely opposing certain decisions of the Government of India affects his fundamental rights," Justice Jamdar dictated in the order. 

With this, the bench disposed of the plea and quashed and set aside the December 3, 2025 and March 27, 2026 orders passed by the Deputy Commissioner of Police (Zone 6) and Divisional Commissioner, Konkan Division, respectively, by which Saeed was externed for a year. 

Case Title: Saeed Ahmad Abdul Wahid Chaudhary vs State of Maharashtra (Writ Petition 1700 of 2026)

Citation: 2026 LiveLaw (Bom) 305