Sachin Stany D'souza had challenged the order passed by Deputy Commissioner of Police on February 21, 2012, externing him from the city on the ground that he had become "a threat to the society", under the Bombay Police Act.
The division bench of Justices P V Hardas and Mridula Bhatkar said that "subjective satisfaction" of the externing officer was not manifested in the order, because it lacked specifics.
The order did not make it clear how D'souza's presence would have caused "danger, alarm and threat" to the people, Singh said.
Accepting this, the bench said that "names of witnesses, their threat perception and their unwillingness to come forward to depose against the externee out of fear are cardinal requirements to invoke Section 56 of the Bombay Police Act", but the order lacked all this.