Supreme Court: Appellate Courts Cannot Overturn Trial Court Verdicts Without Independent Reasons  ||  Supreme Court Acquits Three Men in 1979 Murder Case, Finding Serious Flaws in the Prosecution Case  ||  Supreme Court: Magistrate Cannot Order Filing of Chargesheet After Police Submit Closure Report  ||  Supreme Court: Landowners Cannot Claim Denial of Hearing After Failing to Avail the Opportunity  ||  Supreme Court: Property in Sale Deed Cannot Be Altered by Rectification Without Transferor's Consent  ||  Ahead of Rath Yatra, Orissa High Court Stays Release of 'Mahaprabhu Jagannath' Over Peace Concerns  ||  Gujarat High Court: Ancient Hindu Law Did Not Recognise Adoption of Girls Before HAMA  ||  Bombay High Court Orders DGP to Assess CCTV Systems and Footage Preservation at Police Stations  ||  Allahabad HC: Mother Receiving Maintenance from Real Son Cannot Claim it from Step-Son  ||  CCPA Imposes Rs.1 Lakh Penalty on SpiceJet Over Dark Patterns Used for Loyalty Programme Consent    

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