'Not Anti-National To Say Babri Masjid Should Not Have Been Demolished': Bombay HC Quashes SDPI Members' Externment

Mumbai, July 29, 2026: Holding that expressing the view that the Babri Masjid should not have been demolished is not an anti-national act, the Bombay High Court has quashed the externment order issued against a member of the Social Democratic Party of India (SDPI), observing that the authorities had failed to justify their action under the Maharashtra Police Act.

Justice Madhav Jamdar set aside the externment order passed by the Deputy Commissioner of Police and confirmed by the Divisional Commissioner, Konkan Division, against Firoz Abdul Wahab Khan, who had challenged his removal from the area.

Court Rejects Police Reasoning

The externment proceedings were initiated after the petitioner allegedly participated in activities linked to the SDPI and made statements that the Babri Masjid demolition was wrong. The police claimed his activities were likely to disturb public order and sought his externment.

Rejecting this reasoning, the High Court observed that merely expressing such an opinion could not be treated as anti-national or as a threat to public order.

"It cannot be said that saying Babri Masjid should not have been demolished is an anti-national activity," the Court observed, adding that citizens are entitled to hold and express differing opinions so long as they do not incite violence or disturb public peace.

Externment Order Quashed

The Court found that the authorities had failed to place sufficient material on record to establish that the petitioner's presence posed any real danger warranting externment under the Maharashtra Police Act. It noted that the externment order was based on vague allegations and lacked the objective material required by law.

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The bench reiterated that externment is a serious measure that curtails a person's liberty and therefore must be supported by credible evidence demonstrating a genuine threat to public order.

Finding that the statutory requirements had not been been met, the Court quashed the original externment order and the appellate order confirming it, allowing the writ petition.

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