SC: Arrest & Remand Illegal if Grounds Not Given in Language Arrestee Understands  ||  SC: Judgment for Deceased Party is Null if Legal Heir was not Brought on Record Before Hearing  ||  SC: Hiding a Candidate’s Conviction Voids Election, Regardless of Whether it Influenced Results  ||  Delhi HC: Not Here to Monitor Delhi University, but Students Must Follow Law During Elections  ||  J&K&L HC: Paying Tax or GST Registration Doesn’t Legalize Unlicensed Business Activities  ||  Delhi HC: Victim’s Past or Character Cannot be Used to Suggest Consent in Assault Cases  ||  P&H HC: Constitution isn’t Privilege Charter; Reservation in Promotions Requires Statutory Amendment  ||  Kerala HC: Law Must be Amended to Hold Landowners Liable for Illegal Paddy Land Reclamation  ||  Bombay HC: Parents Saying Daughter was Unhappy, Wept Often not Enough to Convict under 498A IPC  ||  Kerala HC: Physiotherapists and Occupational Therapists Cannot Use “Dr.” Without Medical Degree    

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 2025 - All Rights Reserved