In most cases, the externees were directed to move out beyond the territorial jurisdiction of the competent authority and even adjoining districts without assigning any reason, the High Court noted.
The cases relate to that of Pappu alias Akhilesh Mishra, Dhiraj Bamborde, Amol Meher, Akash Yadav, Kunal Akkallwar and Mohd Wasim Mohd Kalim (all from Nagpur), who were externed beyond the city and district limits, and other criminals from neighbouring Amravati, Wardha and Yavatmal who were prohibited from entering some neighbouring districts.
The court reminded the authorities that "externment is a measure which operates against the fundamental right and therefore, order of externment must be a reasonable order".
In 19 cases, orders of externment were passed separately in the recent past under section 56 of the Maharashtra Police Act-1951 and in two cases under section 55.
More From This Section
The HC observed that due to "non-application of mind" while selecting the area of externment, the externment orders are unsustainable in the eyes of law, and quashed them.
Advocate R M Patwardhan and 12 other lawyers appeared for the petitioners.
Public Prosecutor Bharati Dangre along with Assistant Public Prosecutors Vinod Thakare, M H Deshmukh and six others represented the respondents.