The Bombay High Court recently quashed and set aside an order of externment of a police officer on the grounds that no witnesses came forward to depose against him.
A division bench of Justices Naresh Patil and P.D. Naik was hearing a criminal petition filed by a police officer against an order of externment issued by a Deputy Commissioner of Police (DCP) on December 30, 2014 under relevant sections of the Bombay Police Act, 1951.
The Assistant Commissioner of Police, Deonar division issued a show cause notice dated June 28, 2014 against the erring officer. It proposed to extern him for two years from Greater Bombay Suburban and Thane district. The notice refers to statement of two persons recorded in-camera and stated that the acts and movements of the officer are causing alarm, harm and danger to the peace loving citizens and the businessmen in the area.
It is also mentioned that the witnesses who recorded statements recorded in-camera are not willing to come forward to depose against the officer in public out of fear. The officer appeared before the inquiry officer and submitted his oral and written reply. The report was forwarded to the externing authority for further action.
An appeal filed by him was dismissed on April 9, 2015 as per several sections of the Act. The officer's advocate said the externment order was issued without application of mind and violates principles of natural justice.
The bench noted that it is clear the impugned order of externment is contrary to the provisions of law, and does not comply with the mandatory requirement stipulated in sections of the said Act. Hence, it is quashed and set aside, the court said.
The bench noted that the impugned order of externment is contrary to the provisions of law
