Mumbai : The Bombay High Court’s Nagpur bench, while quashing an externment order passed against a former sarpanch, observed that the presence of a ‘respectable’ man cannot be ‘dangerous’ to any other person or property.
The division bench of Justice Anoop Mohta and Justice Murlidhar Giratkar was hearing a writ petition challenging the orders of Sub-Divisional Magistrate, Chandrapur. The Magistrate had passed an order against Kishor Narad (46), externing him out of the limits of Chandrapur district.
In his plea, Narad, a former sarpanch from Shegaon, contended that he was active in politics and so was implicated falsely. He was the sarpanch of the village from 2010 to 2015 and during his tenure, the Gram Panchayat had passed a resolution against a police sub inspector. The resolution sought the inspector’s transfer and an enquiry.
Narad claimed that he was implicated because of the resolution. He also alleged that the Magistrate did not considered the fact that he was acquitted from three criminal cases.
Having heard all the sides, the judges said, “As per law, offences punishable under the Indian Penal Code must be considered but the Magistrate considered the offence punishable under the Bombay Police Act. It is clear that the Magistrate has not applied his mind properly and has come to the wrong conclusion. It is also clear that the Magistrate has considered only stale offences.”
Considering Narad’s contentions, the judges said, “The resolution passed against the sub inspector may be the reason for implicating the petitioner in the proceedings of externment. It is clear that he is a respectable person of the village. He was sarpanch of village for about five years. Therefore, it cannot be said that his presence is danger to any person and property. Hence, the impugned order is liable to be quashed and set aside.”