03 July,2026 12:00 PM IST | Mumbai | mid-day online correspondent
Bombay High Court. File Pic
The Bombay High Court has said that an externment order cannot be issued merely because a person participates in agitations or protests against the government, while setting aside a year-long externment order passed against a local political leader.
A single bench of Justice Madhav Jamdar, in an order passed on Thursday, quashed the externment order issued against Saeed Ahmad Abdul Wahid Chaudhary and observed that action taken solely for opposing certain decisions of the Government of India affects fundamental rights, including freedom of speech and expression and the right to live with dignity.
The court said that participation in protests or expressing disagreement with government policies cannot automatically be considered grounds for externment unless there is evidence of unlawful activity or public harm.
While examining the First Information Reports (FIRs) registered against Chaudhary, which formed the basis of the externment order, the court noted that the allegations included raising slogans against the BJP-led government and Union Home Minister Amit Shah.
"Why externment orders for slogans? Can't citizens raise such slogans? Why can't citizens protest against government actions and decisions?" the court questioned.
The court observed that the right to express views and participate in peaceful protests is protected under constitutional freedoms and authorities must consider these rights before taking restrictive measures.
The order was passed on a petition filed by Chaudhary, who is associated with the Social Democratic Party of India, challenging the externment proceedings initiated against him by the Mumbai Police.
According to his plea, the externment order was issued after he and other party workers participated in several demonstrations and agitations against certain government decisions.
The police argued that the protests were conducted without obtaining the required permissions from the authorities and claimed that action was necessary.
The High Court, however, noted that there was no material on record to show that the demonstrations had resulted in violence, public disorder or any harm.
It said that protests and agitations alone could not justify passing an externment order under the provisions of the Maharashtra Police Act.
The court held that authorities must establish valid grounds before taking such action, as externment has serious consequences on an individual's personal liberty.
Setting aside the externment order, the Bombay High Court stressed that democratic rights, including the ability to question government actions, cannot be restricted without sufficient legal justification.
The court said that preventive measures like externment should be exercised carefully and cannot be used merely because a person has expressed opposition to government policies or decisions.
(With inputs from PTI)
