Summary of Judgement
The High Court quashed the externment orders passed by the Superintendent of Police, Jalgaon, and the Divisional Commissioner, Nashik, against the petitioners. The court found that the authorities did not have sufficient objective material to prove that the petitioners' activities caused danger or alarm to the public, nor was there a "live link" between the crimes registered and the externment proceedings. The court concluded that the actions taken under Section 55 of the Maharashtra Police Act were based on extraneous and irrelevant materials, leading to the quashing of the orders.
1. Introduction:
- The petitioners challenged the externment orders issued by the Superintendent of Police, Jalgaon, and upheld by the Divisional Commissioner, Nashik.
2. Background:
- The Local Crime Branch of Jalgaon proposed the externment of the petitioners under Section 55 of the Maharashtra Police Act, claiming they were part of a gang involved in criminal activities.
- The petitioners argued that the charges were false and baseless, claiming they were targeted due to a family dispute and corruption by a police officer.
3. Authorities' Arguments:
- The prosecution argued that the petitioners were involved in gang activities, justifying their externment under Section 55.
- The petitioners countered that the term "gang" was misapplied and that the authorities did not provide sufficient evidence to support their claims.
4. Court's Analysis:
- The court scrutinized the evidence and found that the crimes attributed to the petitioners were not connected to gang activity.
- It emphasized that a "live link" and proximity between the criminal activities and the externment orders were missing.
5. Conclusion and Order:
- The court concluded that the externment orders lacked the necessary objective material and were based on irrelevant factors.
- It quashed the orders, allowing the writ petition, and instructed the return of records to the APP.
Case Title: Hitesh Santosh Shinde & Ors. Versus The Divisional Commissioner Nashik Division Nashik & Anr.
Citation: 2024 LawText (BOM) (9) 23
Case Number: CRIMINAL WRIT PETITION NO. 615 OF 2024
Advocate(s): Advocate for Petitioners : Mr. Atul M. Pawar h/f Mr. Bhausaheb S. Deshmukh APP for Respondents/State : Mr. A.S. Shinde
Date of Decision: 2024-09-02