Dismissed

Deepak Jai Kishan Sharma v. the State of Maharashtra and Ors.

Bombay HC29 Feb 2012WP/163/2012

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged an externment order passed under Section 56 of the Bombay Police Act, 1951. The High Court held that such an order is unsustainable if the authority fails to record subjective satisfaction regarding the inability of witnesses to testify in public. Consequently, the impugned order was quashed.

What did the court decide?

The impugned order of externment is quashed and set aside.

Deepak Jai Kishan Sharma Vs the State of Maharashtra… — Service and Employment | Bombay HC (2012)

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srp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO. 163 OF 2012

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Deepak Jaikishan Sharma. ..Petitioner. Versus State of Maharashtra & Others. ..Respondents.

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Ms. Laxmi Morlekar a/w Mr. Ravishankar Dwivedi for the petitioner.

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Smt. P.P.Bhosale, APP for the State.

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Coram : RANJIT MORE, J. Date : February 29, 2012 .

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P. C. :

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Rule. Rule is made returnable forthwith. Learned

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APP waives service. By consent, taken up for final disposal.

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By this writ petition under Article 227 of the Constitution of India, the petitioner challenges order dated 23^rd June 2011 passed by the Dy. Commissioner of Police, Zone-VIII, Mumbai where-under the petitioner came to be externed from Mumbai and Mumbai Suburban districts area invoking the provisions of section 56 of the Bombay Police

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Act, 1951. This order is confirmed by the appellate authority.

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Upon careful consideration of section 56 of the said Act, it is clear that before passing order under section 56, the competent authority must be satisfied that (a) the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property or (b) there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI or XVII of the IPC and in the opinion of officer, witnesses are not coming forward to give evidence in public against such person by reason of apprehension on their part as regards the safey of their person or property. A reference in this regard can be made to the decision of learned Single Judge in the case of Masillulah Mohd. Idrish vs. The Assistant Commissioner of Police, [ 2010(3) Mah.L.J. 600]. Thus, the person cannot be externed in the absence of recording of subjective satisfaction by the Authority that witnesses are not coming forward to give evidence against such person.

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Perusal of the order of the competent authority under which the petitioner is externed makes it clear that the competent authority has not recorded a subjective satisfaction that the witnesses are not coming forward to give evidence against the petitioner in public. Therefore, on this ground alone the impugned order cannot be sustained and same is quashed and set aside. Rule is made absolute in terms of prayer clause (b).

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(RANJIT MORE, J.)

Deepak Jai Kishan Sharma v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Deepak Jai Kishan Sharma v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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