The Bombay High Court has quashed the externment orders passed by the Sub-Divisional Magistrate (SDM) of Parbhani and upheld by the Divisional Commissioner of Chhatrapati Sambhajinagar, finding that the orders were issued without sufficient material and due to significant delays between the last registered crime and the initiation of externment proceedings. The Court emphasized the need for a live link between the alleged criminal activities and the action taken, as well as strict adherence to procedural safeguards under Sections 56 and 59 of the Maharashtra Police Act.

1. Petition and Orders Challenged:

   • The petitioner challenged the externment order issued by the SDM of Parbhani on 19.03.2024 and the subsequent appellate order by the Divisional Commissioner on 28.05.2024.

2. Criminal Background:

   • The petitioner had multiple cases registered against him, the most recent on 22.01.2022. However, he had not been convicted in any of these cases, and one case resulted in acquittal on 23.08.2023.

3. Petitioner's Defense:

   • The petitioner argued that all the cases against him were politically motivated, he posed no threat to the community, and the externment order was excessive, as the alleged offenses were confined to a specific police station area.

4. Court's Observations:

   • Delay and Lack of Live Link: The Court found that there was an unreasonable delay in initiating externment proceedings, which weakened the link between the criminal activities and the action taken.
   • Insufficient Material: The externment orders lacked sufficient objective material to justify the restriction on the petitioner's liberty, and the statements from camera witnesses were vague and not independently verified by the authorities.
   • Legal Precedents: The Court referred to precedents, emphasizing that externment orders should be based on clear, current, and verified evidence, and must comply with the principles of natural justice.

5. Conclusion:

   • The High Court quashed the externment orders, allowing the petition and emphasizing the need for authorities to ensure timely and well-founded actions when restricting an individual's liberty.