Bombay HC quashes externment order

Written By Unknown on Selasa, 26 Februari 2013 | 22.23

MUMBAI: The Bombay high court has ruled that police must be cautious and apply their mind when seeking externment of a person under the criminal law as it held that the "Externment order, when implemented, may result in far-reaching harsh consequences for the externee and his family members if dependent upon him for their livelihood."

A bench of Justices Abhay Oka and A P Bhangale held that an externment order "may spell economic death for the externee," and hence, "procedure established by law must be shown to have been followed vigilantly and cautiously before a person is deprived of his fundamental right of free movement as guaranteed under article 19(1)(d) and personal liberty guaranteed under article 21 of the Constitution of India."

The HC passed its order while quashing an externment order against a Nashik resident Praful Yadav who was a cable operator. The HC said that the externment order against Yadav not only suffers from the vice of laches but also from the non-application of mind.

There was no justification to pass such a drastic order; hence it is indefensible and unsustainable, the HC said, as there was no past instance conviction recorded against the externee. "He cannot be branded as habitual criminal merely on the basis of fact of pending criminal cases of 2010 particularly in the absence of any past conviction," the HC said.

Anda sedang membaca artikel tentang

Bombay HC quashes externment order

Dengan url

Anda boleh menyebar luaskannya atau mengcopy paste-nya

Bombay HC quashes externment order

namun jangan lupa untuk meletakkan link

Bombay HC quashes externment order

sebagai sumbernya

0 komentar:

Posting Komentar Techie Blogger Techie Blogger