Shivani Gadhavi
Published On: January 29, 2022 at 18:00 IST
The Supreme Court of India on January 28, 2022 stated in an Order that resorting to a measure such as giving an Externment Order, should be done only under Extraordinary Circumstances. This statement comes regarding a Petition challenging Order of the Bombay High Court pertaining to an Externment Order.
The Supreme Court Bench of Justices Ajay Rastogi and Abhay S Oka were hearing a Petition filed by one Deepak Laxman Dongre, who was challenging an Order of the Bombay High Court, who dismissed the Petitioner’s Plea challenging an Order of Externment against him.
The Petitioner, Deepak Laxman Dongre, a resident of Mandeolgaon in Jalna District, was Ordered to remove himself from the village as the activities of the Petitioner were very serious and dangerous in nature.
The Counsel for the Petitioner stated 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.”
The Counsel for the Respondents argued that “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.”
The Supreme Court Bench in regards with Order of Externment stated that “There cannot be any manner of doubt that an Order of Externment is an extraordinary measure. The effect of the Order of Externment is of depriving a citizen of his Fundamental Right of Free Movement throughout the territory of India.”
The Bench in regards with the Impugned Order of the High Court stated, “The Impugned Order appears to have been passed casually in a cavalier manner.” and furthermore added that “Considering the Bare Facts on record, the said Order shows non-application of mind and smacks of arbitrariness. Therefore, it becomes vulnerable. The Order cannot be sustained in Law.”
The Supreme Court Bench in light of all the Facts, Quashed the Order of the Bombay High Court and allowed the Petition of the Petitioner.