Externment orders cannot be passed merely because a person is involved in agitations and protests against the government, the Bombay High Court has said while quashing a year-long externment order against a local political leader.
A single bench of Justice Madhav Jamdar in an order passed on Thursday said the externment of Saeed Ahmad Abdul Wahid Chaudhary only for opposing certain decisions of the Government of India affects his fundamental rights, freedom of speech and expression and also his right to live with dignity.
After perusing the FIRs registered against Chaudhary, based on which the externment order was passed, the court noted that he had raised slogans against the BJP government and Union Home Minister Amit Shah.
“Why externment orders for slogans? Can’t citizens raise such slogans? Why can’t citizens protest against government actions and decisions?” the court questioned.
The order was passed on a plea filed by Chaudhary, who belongs to the Social Democratic Party of India, challenging the action against him by the Mumbai police.
As per the plea, the externment order was passed after Chaudhary and his party workers had staged a few protests and agitations against certain decisions of the government.
The police claimed that these protests were staged without due permission from the authorities.
The court, in its order, said there was nothing on record to show that the agitations and protests had caused any harm, and therefore, by themselves, they could not be grounds for passing the externment order under the provisions of the Maharashtra Police Act.
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