The Bombay High Court today set aside an externment order passed by sub-divisional magistrate against a resident of Nashik district for a procedural flaw.
Petitioner Machhindra Shirke had claimed he was "victimised" because he worked as a 'go-rakshak' (cow protector). The court didn't pass any comment on his claim, but quashed the order against him for a different reason.
A division bench of justices B R Gavai and Bharati Dangre set aside the externment order - the order prohibiting a person from entering a particular area - holding that the authorities hadn't followed the procedure.
Shirke had challenged the order passed in August 2017 by Malegaon sub-divisional magistrate externing him from Nashik district for one year.
He worked as a cow protector, which was opposed by local people and hence he was targeted, he claimed.
The government denied this allegation, stating that Shirke was a local "power-wielding" goon who had many serious criminal cases registered against him, including culpable homicide.
Because of his clout, witnesses didn't come forward to testify against him, so his externment was necessary for the proper investigation of cases against him, it said.
The court, however, pointed out that under the Maharashtra Police Act, an externment order can be issued if there is a "substantive fear that witnesses will be intimidated".
The magistrate nowhere mentioned that he was satisfied that "witnesses were not willing to come forward," the court said, quashing the order.
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