Legal petition filed under Article 226 of the Constitution of India challenging an externment order issued by the Divisional Commissioner, Konkan Division. The petitioner contests the order that externed them from Mumbai City, Mumbai Suburban, and Thane District for 18 months under the Maharashtra Police Act, 1951. The petition argues that the order was improper and illegal, as it was based on a single conviction and lacked sufficient grounds for externment. The petitioner appeals for the order to be quashed.
Introduction: The petition challenges the legality of an externment order issued against the petitioner.
Background Facts: The petitioner received a show cause notice citing past criminal cases and a recent conviction. The Competent Authority issued an externment order based on the petitioner's criminal history, which included one recent conviction.
Petitioner's Argument: The petitioner argues that the externment order was disproportionate to the offense and lacked justification. They contend that there was no evidence of a likelihood to reoffend.
Opposition's Argument: The state argues that the order was justified based on the petitioner's criminal history and the likelihood of reoffending.
Relevant Law: Section 57 of the Maharashtra Police Act, 1951 is cited, outlining the conditions for externment orders.
Judicial Precedents: Previous court decisions are referenced to support the interpretation of the relevant legal provisions.
Analysis: The court analyzes the petitioner's criminal history and the grounds for the externment order.
Evaluation of Externment Order: The court finds the order lacking in objective justification and proportionality.
Conclusion: The court allows the writ petition, quashing the externment order and the appellate decision.
Order: The court orders the externment order and the appellate decision to be set aside.
Case Title: Eshtiyaq Ahmed Mushtaq Ahmed Qureshi Versus The State of Maharashtra and Anr.
Citation: 2024 Lawtext (BOM) (5) 107
Case Number: WRIT PETITION (ST) NO.23953 OF 2023
Advocate(s): Mr. Arif Siddiqui a/w. Mr. Farheen Shaikh, Mr. Yasin Nabi, Mr. Siraj Ansari, Mr. N. Khan, for the Petitioner. Mr. Tanveer Khan, APP for Respondent No. 1-State. Mr. Kishor Zoting, API, Chunabhatti Police Station, Mumbai, present.
Date of Decision: 2024-05-10