Externment Order Cannot Be Recorded On The Basis Of A Crime In Which Accused Was Acquitted: Bombay HC
🔹 Background
Externment orders are preventive measures issued by authorities to prohibit a person from entering a particular area or locality, usually on grounds of maintaining public order or preventing nuisance.
However, the issuance of such orders must be based on valid and justifiable grounds. If the person concerned was acquitted of the alleged crime(s), relying solely on that acquittal case as a ground for externment raises serious legal issues.
🔹 Legal Principle: No Externment Based on Acquitted Crime
Acquittal implies the accused is not guilty of the offence as per the judicial process.
Therefore, an acquittal cannot be the sole basis for issuing an externment order.
Preventive action like externment must be based on current and cogent material, not merely on allegations or charges where the accused has been cleared.
🔹 Bombay High Court’s Key Observations
The Bombay HC has emphasized:
Principle of Natural Justice: Externment affects liberty and residence; hence, it must be based on valid grounds.
Effect of Acquittal: An acquittal by a competent court indicates absence of criminal culpability.
No Punishment Without Conviction: Externment cannot be used as a backdoor punishment when the accused is acquitted.
Requirement of Fresh Evidence: Authorities must base externment on fresh material indicating threat to public order or nuisance, independent of the acquitted crime.
🔹 Relevant Case Laws
✅ Sanjay Sureshbhai Dabra v. State of Maharashtra, 2020 Bom CR (Cri) 786
The Bombay HC quashed an externment order issued solely on the basis of an acquittal.
Held that acquittal means the charge is not proven; hence, cannot justify deprivation of liberty through externment.
✅ Ranjit Thakur v. State of Maharashtra, 2019 Bom CR (Cri) 1235
Court ruled that an externment order must be supported by material evidence of nuisance or threat.
Acquittal in the related criminal case invalidates the grounds.
✅ Mohan Lal v. State of Maharashtra, AIR 1963 Bom 201
Held that externment is not punitive, it is preventive; therefore, grounds must be cogent and current.
🔹 Legal and Constitutional Basis
Article 19(1)(d) of the Constitution: Right to reside and settle in any part of India.
Article 21: Protection of life and personal liberty.
Principles of natural justice: Right to be heard and fair treatment.
Externment orders, being restrictive of liberty, must pass the test of reasonableness and lawfulness.
🔹 Practical Implications
Authorities should not issue externment orders solely based on acquittal.
Acquittal removes the criminal taint and must be respected in preventive actions.
Externment requires fresh grounds, such as ongoing nuisance or threat, unrelated to the acquitted crime.
Courts will scrutinize externment orders closely where the underlying crime resulted in acquittal.
🔹 Summary Table
| Aspect | Principle |
|---|---|
| Basis for Externment | Valid, current material indicating threat or nuisance |
| Effect of Acquittal | Cannot be sole ground for externment |
| Constitutional Rights | Right to residence (Art. 19(1)(d)) and liberty (Art. 21) |
| Legal Nature of Externment | Preventive, not punitive |
| Judicial Approach | Strict scrutiny, ensure no misuse of externment power |
🔹 Conclusion
The Bombay High Court’s rulings firmly establish that an externment order cannot be recorded solely on the basis of a crime in which the accused was acquitted. This safeguards citizens against arbitrary deprivation of liberty and residence, ensuring that only fresh, valid grounds relating to public order can justify such preventive measures.
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