The Bombay high court has pulled up the state for passing “farce and perverse” externment orders without “application of mind” and directed the chief secretary and principal secretary of the home department to take corrective measures.
An irked division bench of Justices S.C. Dharmadhikari and S.B. Shukre said, “It appears, from matter after matter, that passing such untenable orders is a deliberate act. To do away with the presence of accused persons and to avoid preventing and checking their criminal activities, some persons are routinely exte-rned. The authorities are aware that their orders are illegal and unsustainable.”
The bench was hearing a petition filed by Masiullha Abdul Idrisi challenging the externment order passed against him in August 2012. Idrisi was issued a showcause notice in April 2012 regarding nine cases registered against him at a police station. Idrisi’s lawyer argued before the court that the state authority, however, upheld the externment order based on two new cases registered against Idrisi in August and informed that Idrisi was externed from the Mumbai and Thane district for two years.
The court, while quashing the externment order, observed that the order was against the principles of natural justice. “It is shocking to know that even the state government does not want to look into this matter,” the court said.
The court further observed that the government does not find time to take into account repeated observations, findings and remarks of the HC.