DEEPAK S/O LAXMAN DONGRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Shri Sandeep Sudhakar Deshmukh, the learned counsel appearing for the appellant has taken us through the impugned order of externment as well as the impugned Judgment and order of the Bombay High Court. His submission is that the act of passing the impugned order of externment was a mala fide act at the instance of Shri Narayan Kuche, a local Member of the Legislative Assembly (MLA) with the object of settling family disputes. It is pointed out by the learned counsel that the said MLA is a maternal uncle of the appellant. It is pointed out by the learned counsel that the said MLA tried to implicate the appellant in a false case (Crime No.15 of 2020) filed at his instance by one Varsha Bankar with Badnapur police station in Jalna District. He submitted that the said Varsha Bankar admitted in her police statement that the brother of the said MLA advised her to make phone calls and send messages and photographs to the appellant. He submitted that after a First Information Report was registered against the said MLA, his brother and the said Varsha Bankar, on the basis of the appellant 's complaint, a show-cause notice dated 7th July 2020 was issued by the respondent No.2 to the appellant calling upon him to show cause why an order of externment under Section 56 of 1951 Act should not be passed. The learned counsel pointed out that the in-camera statements of witnesses 'A ' and 'B ' are general in nature which do not refer to any specific allegation against the appellant. He submitted that out of the 5 offences relied upon in the impugned order of externment, one is of 2013 and two are of 2018. The fourth offence is of 2020 under Sections 354, 354A, 354D, 509 and 506 of the Indian Penal Code. The fifth offence is under Sections 509, 501, 506 read with Section 67 and 67(A) of the Information Technology Act, 2000. He submitted that the first three offences are stale offences and there is no live link between the said three offences and the object of passing the impugned order of externment. He submitted that the remaining two offences registered in the year 2020 will not attract clauses (a) or (b) of sub-section (1) of Section 56 of the 1951 Act. He would, therefore, submit that the impugned order of externment is vitiated. He urged that the exercise of power is mala fide at the instance of the said MLA. He submitted that on the basis of the same offences, the appellant was arrested under Section 151 of the Code of Criminal Procedure, 1973 (for short "Cr.PC "). On 2nd June 2020, a proposal submitted by the police to detain the appellant under sub-section (3) of Section 151 of Cr.PC for a period of 15 days was rejected by the learned Judicial Magistrate, First Class and the appellant was ordered to be released. He submitted that on the same set of allegations, the impugned order of externment has been passed against the appellant. In the alternative, he submitted that under Section 58 of the 1951 Act, the maximum period for which a person can be externed is of two years. He submitted that in the impugned order of externment, no reasons have been assigned for externing the appellant for a maximum period of two years.

(3.) Shri Sachin Patil, the learned counsel appearing for the respondents urged that while passing the order of externment, the competent authority is not required to pass a reasoned order. The competent authority has recorded subjective satisfaction of the existence of the grounds provided in clauses (a) and (b) of sub-section (1) of Section 56 of the 1951 Act. He submitted that the scope of powers under sub-section (3) of Section 151 of Cr.PC is different from the scope of powers under Section 56 of the 1951 Act. He submitted that the High Court has in detail examined the grounds of challenge to the impugned order of externment and has rejected each and every ground. He submitted that no interference is called for with the impugned order of externment and the impugned order of the High Court.