PAPPU @ AKHILESH SHIVSHANKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) In all these matters orders of externment passed under Section 56 of the Maharashtra Police Act, 1951 (hereinafter referred to as "the 1951 Act" for short), are questioned. Only in two matters i.e. Criminal Writ Petition Nos. 779 and 784 of 2016 orders of externment are under Section 55 of the 1951 Act.

(2.) In all these matters one of the contentions canvassed by the learned counsel for petitioners is, common. Petitioners state that they have been externed out of large area or at times from several districts when the alleged activities (offences) are restricted to only one police station. By placing reliance upon various judgments they urge that the selection of area from which a person is to be externed, calls for application of mind to the relevant factors. Effort of the respondents is to persuade us to take other view of the matter. As there are several judgments of this Court accepting this contention, at the request of learned Public Prosecutor, we have taken up all matters together so as to find out what is the correct position in law. Learned A.P.P. has relied upon the judgments of the Hon'ble Supreme Court to urge that when areas from which externment is ordered are intimately connected with each other, geographical jurisdiction of any particular police station ceases to be a relevant factor..

(3.) It is in this background, that we have heard the respective counsel only on the question of determination of extent of area from which the respective petitioner has been ousted.