The Bombay High Court has quashed the externment order passed against one Nawab Qureshi, accused of allegedly attacking two persons working as animal rights volunteers after a suspected seizure of beef in 2022.
The court observed that of the 11 offences registered against the gang to which Qureshi allegedly belonged to, he was connected with only one offence. “Therefore, it was not clearly established for recording the subjective satisfaction that the petitioner was committing such acts as a member of the gang,” Justice Sarang Kotwal noted.
The deputy commissioner of police, zone 6, passed an order on October 17, 2022 externing Qureshi from Mumbai city, Mumbai suburbans and Thane district for the period of one year. Qureshi had challenged the order before the divisional commissioner, Konka division, who rejected his plea on February 15 this year. Hence he approached the HC.
Checked on suspicion of carrying beef
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According to the Chunabhatti police, in January last year, a mob of 18 to 20 people had assembled and attacked the two animal rights volunteers, Ashish Barik and Pratik Nanavare, after a pick-up tempo was stopped and checked on suspicion of carrying beef.
Qureshi’s advocate Sana Raees Khan submitted that the alleged activities of the gang were restricted to the Chunabhatti police station, however, he was externed out of excessive area. Contending that there was no nexus between the activities of the gang and Qureshi, Khan said that there are only two offences registered against him, one of which related to a quarrel with a person in relation to monetary transaction. She also submitted that the petitioner has a two months old child.
Prosecutor AR Patil opposed the plea contending that there are two serious offences registered against him. He was working as a member of the gang and, therefore, the externment proceedings were necessary.
Show-cause notice
The court noted that the show-cause notice issued to Qureshi before externing him mentions various offences pending against the different members of the alleged gang, which was led by one Aslam Abdul Rauf Qureshi.
Of the 11 offences registered at Chunabhatti police station against the alleged gang, Qureshi is accused only in one offence, the court noted.
The offence related to the quarrel has nothing to do with the activities of the gang. “Therefore, this offence could not have been taken into consideration against the present petitioner, as it was not an activity of the gang,” Justice Kotwal said. Effectively leaving only one case against Qureshi. “Therefore, it was not clearly established… that the petitioner was committing such acts as a member of the gang,” the court notes while quashing the externment order.
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