Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1951 – s.56(1)(a)(b) Maharashtra Police Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Maharashtra Police Act, 1951 (22 of 1951) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Police Act, 1951 – s.56(1)(a)(b) – Externment order – The State Government introduced a scheme for the upliftment of the Muslim community by providing quality education to Muslim children – The State announced the disbursement of grants to 33 Madrasas of Amravati District for the Financial Year 2014-2015 – Appellant came to know of irregularities in the running of Madrasas, including misappropriation of public money distributed to Madrasas in the said District – Pursuant thereto, various complaints were made – The appellant requested the Collector as also the police to investigate misappropriation of Government grants by Madrasas in collusion with Government officials – In retaliation, affected persons filed complaints against the Appellant u/ss.384, 452, 294, 506(B), 34 IPC – The appellant also filed a Public Interest Litigation – Thereafter, appellant received a notice u/s. 56(1)(a)(b) of 1951 Act and externment proceedings were initiated against the appellant by Police – By an order of externment dated 07.05.2018, the appellant was directed not to enter or return to the District for a period of one year from the date on which he leaves, or is taken out of the District – Held: An externment order may sometimes be necessary for maintenance of law and order – However the drastic action of externment should only be taken in exceptional cases, to maintain law and order in a locality and/or prevent breach of public tranquility and peace – In the instant case, it is patently clear that the impugned externment order was an outcome of the complaints lodged by the appellant against government officials, some Madrasas and persons connected with such Madarasas who later lodged FIRs against the appellant – The FIRs are clearly vindictive, retaliatory and aimed to teach a lesson to the Appellant and stifle his voice – On perusal of the responses of government authorities to queries raised by the appellant under the Right to Information Act clearly indicate that the complaints are not frivolous ones, without substanceThus, the impugned externment order cannot be sustained and is set aside. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2021 INSC 424 |
Petitioner | Rahmat Khan @ Rammu Bismillah |
Respondent | Deputy Commissioner Of Police |
SCR | [2021] 8 S.C.R. 571 |
Judgement Date | 2021-08-25 |
Case Number | 912 |
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