The Bombay High Court has recently quashed an externment order issued by the Navi Mumbai Police against a man identified as a member of the Popular Front of India (PFI). 

Justice Shyam Chandak, sitting as a single-judge bench, heard the petition filed by Abdul Rahim Yakub Sayyed, challenging the externment order upheld by the Divisional Commissioner of Police. Abdul initially sought relief from the Deputy Commissioner of Police, contesting the order.

The police accused Abdul of unlawful assembly, agitation, violating prohibitory orders, issuing threats, and instilling fear in the Panvel City and Kala Chowki areas of Mumbai. They also alleged that he had been recruiting young boys, delivering inflammatory speeches on caste issues, and coercing them into joining the banned organization PFI.

Abdul contested the allegations, asserting that there was insufficient objective material to justify the externment order. He highlighted that no offences were committed within the jurisdiction of Uran Police Station, questioning the inclusion of Uran taluq in the externment area. Additionally, he argued that no rationale was provided for setting the duration of the externment at fifteen months.

The High Court, deeming the order excessive and unreasonable, set aside the externment order.

“The reason to extern the Petitioner for fifteen months is not discernible from the record. As such, the Order of Externment is excessive and unreasonable. However, the same has been upheld by the Divisional Commissioner thereby dismissing the Appeal,” the order states.

The bench further observed that “It is settled law that, the measure of externment by its very nature is extraordinary. It has the effect of forced displacement from the home and surroundings. Often it affects the livelihood of the person ordered to be externed. Thus, there must exist justifiable grounds to sustain an Order of Externment. In other words, there must be sufficient objective material on the strength of which the externing authority wants to record the subjective satisfaction to pass the Order of Externment,” the order reads.

Case title: Abdul Rahim Yakub Sayyed vs State of Maharashtra