J&K&L HC: Repeat Narcotics Offences After Release Can Justify Preventive Detention  ||  SC: Departmental Enquiry Required for Police Arrests Without Written Grounds  ||  SC: Preliminary Issue Cannot Be Tried Separately Once Trial on All Issues Has Begun  ||  SC: Police Claim of Sufficient Material for Chargesheet Does Not Entitle Accused to Default Bail  ||  Telangana HC: Father’s Role Beyond Financial Support Cannot Be Overlooked in Custody Matters  ||  Allahabad HC: Hindu Marriage Requires Essential Ceremonies, Arya Samaj Certificate Not Enough  ||  Delhi HC: Narco Test Cannot Be Forced on an Accused Without Consent  ||  Gujarat HC: Brothel Customer Not Liable for Operating Premises or Procuring Women  ||  MP HC: Civil Suits May Be Consolidated Where Issues and Evidence Are Common  ||  J&K&L HC: Personal-Enmity Assaults Concern Law and Order, Not Preventive Detention    

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