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Sumit S/O. Ramkrishna Maraskolhe vs Deputy Commissioner Of Police Zone -1, ... on 5 February, 2018
cites
The Indian Penal Code, 1860
Section 59 in Bombay Police Act, 1951 [Entire Act]
Section 55 in Bombay Police Act, 1951 [Entire Act]
Bombay Police Act, 1951
Section 56 in Maharashtra Police Act [Entire Act]
Article 19 in Constitution of India [Constitution]
Section 61 in Bombay Police Act, 1951 [Entire Act]
Pappu Alias Akhilesh Shivshankar ... vs State Of Maharashtra, Through ... on 21 December, 2016
181. He has also invited our attention to the amendment effected
in Section 56 of the Bombay Police Act, 1951 in the year 1981,
conferring jurisdiction upon the externing authority to pass an
order of externment beyond the local limits of its jurisdiction.
According to him, the decision of the Apex Court in
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wp1002.17.odt
Pandharinath Rangnekar's case, cited supra, was rendered on
unamended provision of Section 56 of the Bombay Police Act, and
though the Division Bench of this Court in Pappu @ Akhilesh
Mishra's case, cited supra, referred to the amended portion of the
said provision, it failed to consider the overriding effect given to the
amended provision, which commences from a non obstante clause
of "notwithstanding anything contained in this Act or any other law
for the time being in force". He submits that sufficient details of
in-camera statements are given in the show cause notice and the
order impugned, and there is no failure to provide an effective
opportunity to make a representation against the proposed
externment, to the petitioner.
Balu Shivling Dombe vs The Divisional Magistrate, Pandharpur ... on 26 September, 1968
wp1002.17.odt
"16. An excessive order can undoubtedly be struck down
because no greater restraint on personal liberty can be
permitted than is reasonable in the circumstances of the
case. The decision of the Bombay High Court in Balu
Shivling Dombe v. The Divisional Magistrate, Pandharpur
(supra), is an instance in point where an externment order
was set aside on the ground that it was far wider than was
justified by the exigencies of the case. The activities of the
externee therein were confined to the city of Pandharpur
and yet the externment order covered an area as extensive
as districts of Sholapur, Satara and Poona. These areas are
far widely removed from the locality in which the externee
had committed but two supposedly illegal acts. The exercise
of the power was therefore arbitrary and excessive, the order
having been passed without reference to the purpose of the
externment."