In a significant ruling, the Bombay High Court recently held that a person can be externed only if his or her criminal activities are targeted against the society at large and not a family. The HC, accordingly, quashed the externment orders passed against a man and his sons over multiple FIRs lodged against them by his brother.
A bench of Justices Sunil Shukre and Avinash Gharote said, "When so many crimes are registered at the behest of one and the same family, it cannot be said that the alleged criminal activity of the accused persons is targeted towards society in general and, therefore, it would cause danger qua the society or members of public in general."
The judges were dealing with a plea filed by a 62-year-old farmer and his sons challenging the externment orders passed against them by the police authorities. The trio was ordered not to enter three to four districts, including Aokla, where they lived.
While hearing the plea, the bench noted the provisions of the Maharashtra Police Act, which provides ousting an individual if his or her criminal activities are targeted against the society.
In the instant matter, the bench noted that around 17 FIRs were registered against the trio. "It becomes clear that the danger or alarm, which is likely to be caused by the gang of criminals or the unlawful designs entertained by the gang of criminals, can only be towards the larger society and none of these could be only in respect of one or two persons or a family of persons," the bench said.
"The intention of the legislature is to provide for maintenance of public order and safety of state and to prescribe measures which are necessary for ensuring the public peace and order. Therefore, the words alarm or danger or unlawful designs whenever construed would only mean something as would have consequences on the general state of public peace and order," the bench said while quashing the externment orders.
