Bombay High Court Quashes Unconstitutional Externment Orders Against Bharat Bhosale
Court Upholds Principles of Natural Justice, Citing Violations of Section 59 of Maharashtra Police Act
In a significant judgment delivered by the Bombay High Court's Nagpur Bench, Justice M.M. Nerlikar quashed the externment orders against Bharat Shatrughana Bhosale, stressing the importance of adhering to principles of natural justice and statutory mandates under the Maharashtra Police Act, 1951. The court found that the orders, passed by the Sub Divisional Magistrate and the Divisional Commissioner, were unconstitutional due to non-compliance with Section 59 of the Act, which mandates a fair hearing.
The case arose when Bhosale was externed from two districts for six months based on outdated and irrelevant cases, some of which dated back to 2000. The externment orders cited various criminal cases against Bhosale under different sections of the Indian Penal Code and the Indian Forest Act, with several cases pending and others resulting in acquittals. The petitioner contested the externment, arguing that the fundamental right to movement under Article 19 of the Constitution was being infringed without due process.
Justice Nerlikar highlighted that Section 59 of the Maharashtra Police Act requires authorities to inform the person in writing of the general nature of material allegations and offer a reasonable opportunity for explanation, which was not adhered to in this case. The failure to serve notice and provide a fair hearing vitiated the proceedings, rendering the orders unconstitutional.
The court's decision emphasized the necessity of maintaining procedural integrity in externment proceedings, especially when personal liberty is at stake. Justice Nerlikar underscored that the authorities failed to consider the merits of the cases, relying on stale grounds for the externment order, and that the appellate authority, the Divisional Commissioner, did not adequately review the appeal, thus perpetuating the initial procedural lapses.
This judgment reinforces the judiciary's role in safeguarding constitutional rights and ensuring that statutory provisions are not bypassed. The Bombay High Court's ruling is a reminder of the critical importance of complying with legal safeguards and the principles of natural justice in administrative actions affecting fundamental rights.
Bottom Line:
Externment orders passed without compliance with Section 59 of the Maharashtra Police Act, 1951, and principles of natural justice are unconstitutional and violate Article 19 of the Constitution of India.
Statutory provision(s): Sections 56(1)(a)(b), 59 of the Maharashtra Police Act, 1951; Article 19 of the Constitution of India
