In Brief
The appellant was ordered to be externed from District Jalna for two years under Section 56 of the Maharashtra Police Act, 1951, based on five offences allegedly committed by him and in-camera statements of two witnesses. The Bombay High Court upheld the order. The Supreme Court allowed the appeal, holding that an externment order is an extraordinary measure infringing the fundamental right to free movement and must be invoked sparingly in extraordinary circumstances only. The grounds under clauses (a) and (b) were not satisfied: prior stale offences had no live link to the 2020 order; the two recent offences involved only individuals with no evidence witnesses feared deposition; the Judicial Magistrate had rejected detention on the same allegations without noting subsequent objectionable conduct; and no reasons were recorded for the maximum two-year duration. The order demonstrated non-application of mind and arbitrariness.
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