Authority Under Maharashtra Police Act Can Extern Gang Members From Area Larger Than Where Criminal Activities Are Committed: Bombay High Court

The Bombay High Court has held that the authority under the Maharashtra Police Act, 1951 can pass externment orders directing externment of a person from much larger area than the one of his illegal activities can be made. However, such order should be based upon some material which provides an objective criteria to the authority for reaching a subjective satisfaction. A Division bench of Justices VK Jadhav and Sandipkumar C. More observed,"Even though the crimes considered for externment of the petitioners are registered only in the Camp Police Station, Ahmednagar, but considering the latest modes of transportation, it appears that the authorities below have rightly restricted the petitioners from entering into entire Ahmednagar district to prohibit their criminal activities."Reliance was placed on Sumit Ramkrushna Maraskolhe Vs. Deputy Commissioner of Police, Zone-I, Nagpur & another, 2019 (2) Mh.L.J. 745, wherein it was held as follows:"The Detaining Authority can select a larger area for being covered under its externment order, as one of the options available to it, whether such larger area has within it contiguous or interconnected or intimately connected pockets of areas or not."In the instant case, the Petitioners had sought quashing and setting aside of an order passed by the Superintendent of Police, Ahmednagar under Section 55 of the 1951 Act, whereby petitioners are externed from the entire area of Ahmednagar district for the period of 15 months. The petitioners also challenged orders passed by Divisional Commissioner, Nasik, confirming the above order. The three petitioners were stated to be involved in various crimes against human body, formation of unlawful assembly, causing deterrence to the common public, attempting to murder and robbery, etc. It was also alleged that all these crimes were committed by the petitioners, being the leader and members of a gang. Accordingly, Section 55 of the 1951 Act was invoked which provides for dispersal of such persons or body of persons who are found involved in serious crimes being a gang. The grievance of the Petitioners was:-fundamental right of the petitioners guaranteed by the Constitution of India, particularly, under Articles 19 (1) (d) and 21 has been violated;- there were no collective criminal activities of the petitioners but, still they were brought under the purview of Section 55;- though the activities of the petitioners are restricted to the jurisdiction of Ahmednagar taluka only, but they have been wrongly externed from the entire area of Ahmednagar district.FindingsThe High Court examined the impugned orders and observed that the petitioners are externed from entire Ahmednagar district for the period of 15 months mainly because they are found dangerous to the public at large. It observed,"Prima facie, it appears that all the petitioners are involved in two crimes of Camp Police Station, Ahmednagar...The charges levelled against them, by itself, suggest that the petitioners have committed these crimes jointly, which are of serious nature. Further, there are chapter cases also against all the petitioners...Thus, it also appears that all the petitioners are habitual offenders."Petitioners, by referring to the judgment Balu Shivling Dombe Vs. The Divisional Magistrate, Pandharpur & another, AIR 1969 Bombay 351 (V. 56 C 57); argued that there is no proper interpretation of "alarm", "danger" or "harm" to the persons or property, in the impugned orders. The High Court noted that though, in the aforesaid judgment, it has been held that the order of externment cannot be based merely on a finding that the movements or acts of a person are causing or are calculated to cause alarm, danger or harm to one or two individuals in the locality, but this observation has come on record mainly while considering the externment order under Section 56 of the Maharashtra Police Act. However, present petitions involve application of Section 55 of the Act and the requirement of said Section is only to see whether the crimes are committed by persons or body of persons acting as a gang. The bench noted that in the instant case, though the proposal of externment was for externing the petitioners from larger area than the Ahmednagar district, but after making thorough inquiry, the petitioners are externed only from Ahmednagar district and that too on the basis of material on record. Even though the crimes considered for externment of the petitioners are registered only in the Camp Police Station, Ahmednagar, but considering the latest modes of transportation, it appears that the authorities below have rightly restricted the petitioners from entering into entire Ahmednagar district to prohibit their criminal activities. The bench noted that it appears that the authorities below have rightly appreciated the entire material on record against the petitioners in proper perspective with their subjective...

Authority Under Maharashtra Police Act Can Extern Gang Members From Area Larger Than Where Criminal Activities Are Committed: Bombay High Court

Fatima Ansari

Externment order passed by the authority must be based on subjective satisfaction from particular materials.

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