Supreme Court: After the BNSS, a Pre-Cognizance Hearing is Mandatory in PMLA Cases  ||  SC: Landowners Cannot be Forced to Waive Statutory Compensation to Claim Other Benefits  ||  Supreme Court: Banks are Lenient With Big Borrowers But Strict With Ordinary Loan Applicants  ||  Delhi HC: Minimum Wages During Pending Litigation Cannot be Frozen and Must be Updated Periodically  ||  Kerala HC: ICC Can Probe Sexual Harassment Complaint Against a Director Not Controlling Affairs  ||  Delhi HC: Interim Protection From Blacklisting Does Not Remove Bidder’s Duty to Disclose in Tenders  ||  Allahabad HC: After the BNSS, Pre-Cognizance Hearing of the Accused is Mandatory in NDPS Complaints  ||  Delhi HC: Husband Cannot Avoid Maintenance For Wife and Children by Claiming Irregular Income  ||  SC: Repeated Anticipatory Bail Pleas Abuse Process and Reduce Litigation to a Gamble  ||  Supreme Court: State Officers Cannot Back Litigants Through Affidavits Against the Law    

Imran Abdul Wahid Hasmi v. Dy. Commissioner of Police and Ors. - (High Court of Bombay) (21 Jun 2016)

Bombay High Court quashes unsubstantiated externment order

Criminal

The Bombay High Court quashed an order of externment - excluding a person from a city or district - against an accused for procedural insufficiencies and an unsuitable inference that his presence caused key witnesses to get cold feet.

An externment order was issued to the accused under Section 56 of the Bombay Police Act, 1951 exiling him from Greater Bombay Suburban and Thane Districts for two years. The officer-in-charge had noted that witnesses were afraid of the accused disturbing peace and refused to depose against him in public.

The court, however, was of the opinion that the order was contrary to the provisions of the law. It expressed dissatisfaction over the determination that witnesses were not coming forward to depose against the accused out of fear, noting that they had already recorded in-camera statements.

Tags : EXTERNMENT   WITNESS INTIMIDATION   IN-CAMERA TESTIMONY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved