'Externment orders need reasoning’

The Bombay High Court recently held that the orders passed by divisional commissioners and sub-divisional commissioners sitting in appeal against externment orders under the Maharashtra Police Act, 1951, are quasi-judicial in nature and should, therefore, be reasoned orders.

A Full Bench comprising Justices SS Shinde, Prakash D Naik and Sarang Kotwal said: “The power under section 60 of the Maharashtra Police Act (MPA), 1951, is quasi judicial in nature and the orders passed under that section are quasi judicial orders.” The court said that there was a duty to give reasons, at least in brief, while disposing the appeals. The Court also stated that the appellate authority must objectively assess whether externment orders are passed correctly.

“The Appellate Authority is not required to reach its subjective satisfaction. It has to objectively test the externment order placed before it. There is a definite material in the form of externment order, which the Appellate Authority has to consider for its correctness. This function is different from arriving at a subjective satisfaction based purely on the material against the Appellant,” the court said.

The full bench was called on to decide on these issues after two division benches of the High Court expressed conflicting views on the nature of orders passed by the Appellate Authorities under section 60 of the MPA.

Under Section 56 of the MPA, the state government can appoint a police commissioner to remove a suspected person/s likely to commit any offence or convicts under specific act from a specific region. Such decisions can be appealed before the sub-divisional magistrate or divisional or deputy commissioner under section 60 of the MPA.