In a significant order, the Bombay High Court quashed and set aside externment order passed against a leader of the Socialist Democratic Party of India (SDPI), who was ousted from the city for participating in various agitations protesting the decisions of the Central Government and also for sloganeering against the demolition of Babri Masjid.

Single-judge Justice Madhav Jamdar noted that the petitioner Firoz Abdul Wahab Khan, a member of the SDPI was facing externment orders ousting him from Mumbai for a year, for participating in various protests.

The prosecution while externing Firoz from the limits of Mumbai had relied heavily on three First Information Reports (FIRs) lodged against him in 2024 and 2025. Of the three FIRs, one was for participating in agitations against the passing of the Waqf Bill, the other was for sloganeering against the demolition of Babri Masjid and the last one was for protesting the air pollution in his locality in suburban Chembur.

Justice Jamdar noted that for the protests held in August 2025 against the Waqf Bill, besides SDPI even leaders of other political parties like the Nationalist Congress Party (NCP) and Shiv Sena (Uddhav Balasaheb Thackeray) along with local residents had participated in the said agitation. However, externment proceedings were initiated only against Firoz and not against any leaders of the two political parties.

"It is significant to note that externment action is not taken against the members of other political parties namely Nationalist Congress Party (NCP) and Shiv Sena (Uddhav Balasaheb Thackeray). The third FIR which has been relied on pertains to agitations concerning Babri Masjid, where various slogans were given against the certain decisions of the Union of India. It is the submission of the Chief Public Prosecutor that such type of slogans will create rift in the society. There is no material produced to support the said contention," Justice Jamdar observed.

The judge held that since Firoz was singled out as no externment proceedings were initiated against members of NCP or Shiv Sena (UBT), the said action was illegal.

"All the FIRs which are relied on by the State of Maharashtra while taking drastic action of the externment has been taken for agitating against the decision of Union of India. In fact, in one case, agitation was by all political parties which are in opposition including Nationalist Congress Party and Shiv Sena (Uddhav Balasaheb Thackeray). Accordingly, the action taken is totally illegal," the judge held.

Further the judge referred to various decisions of the High Court and also the Supreme Court to reiterate that by such arbitrary externment orders, the authorities have violated the petitioner's right to free speech and also right to free movement.

With these observations, the bench quashed and set aside the externment orders.

Appearance:

Advocate Ibraheem KM appeared for the Petitioner.

Chief Public Prosecutor Shishir Hiray assisted by Additional Public Prosecutor Swapnil Walve and Advocates Ankit Patil, Shubham Joshi, Devavrat Hiray and Krishna Jaiwar represented the State.

Case Title: Firoz Abdul Wahab Khan vs State of Maharashtra (Criminal Writ Petition 2703 of 2026)

Citation: 2026 LiveLaw (Bom) 350

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